Section 36-3-1 – Short title.
This act [36-3-1 to 36-3-10 NMSA 1978] may be cited as the “Immigration and Nationality Law Practice Act”. History: Laws 1987, ch. 60, § 1.
Section 36-3-2 – Purpose.
The purpose of the Immigration and Nationality Law Practice Act is to prevent the unauthorized practice of law by nonlawyers who hold themselves out as immigration consultants rendering services in immigration, nationality or citizenship matters and who are outside pertinent federal regulations regulating the practice of immigration law. History: Laws 1987, ch. 60, § 2.
Section 36-3-3 – Definitions.
As used in the Immigration and Nationality Law Practice Act: A. “immigration consultant” means any person who renders services, including the completion of forms and applications, to a client where the services are related to the client’s desire to determine his legal status in an immigration or naturalization matter and who is beyond the scope […]
Section 36-3-4 – Representation.
A. A person desiring immigration and nationality services may be represented by any of the following: (1) attorneys in the United States; as used in this subsection, “attorney” means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the district of […]
Section 36-3-5 – Unauthorized practice of law prohibited.
On or after the effective date of the Immigration and Nationality Law Practice Act, it shall be unlawful for any person to render for compensation any service constituting the unlawful practice of law or to otherwise violate any provision of the Immigration and Nationality Law Practice Act. History: Laws 1987, ch. 60, § 5. ANNOTATIONS […]
Section 36-2-35 – [Solicited employment contracts void; recovery of compensation paid.]
Any contract of employment obtained or made in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978] shall be absolutely void as to the attorney but the client may recover any compensation paid thereunder to or for or received by the attorney on account of such employment. History: 1941 Comp., § 18-133, enacted by […]
Section 36-2-28 – Repealed.
History: Laws 1925, ch. 100, § 12; C.S. 1929, § 9-212; 1941 Comp., § 18-127; 1953 Comp., § 18-1-27; repealed by Laws 2011, ch. 107, § 3. ANNOTATIONS Repeals. — Laws 2011, ch. 107, § 3 repealed 36-2-28 NMSA 1978, as enacted by Laws 1925, ch. 100, § 12, relating to practicing law without a […]
Section 36-2-28.1 – Unauthorized practice of law; private remedies.
A. A person likely to be damaged by an unauthorized practice of law in violation of Section 36-2-27 NMSA 1978 may bring an action for an injunction against the alleged violator. An injunction shall be granted pursuant to the principles of equity and on terms that the court considers reasonable. Proof of monetary damage or […]
Section 36-2-28.2 – Unauthorized practice of law; action by attorney general or bar association.
A. Whenever the attorney general, the state bar of New Mexico or a local bar association authorized by the state bar of New Mexico to prosecute actions related to the unauthorized practice of law has reason to believe that a person has engaged in the unauthorized practice of law in violation of Section 36-2-27 NMSA […]
Section 36-2-29 – [Direct and indirect solicitation of damage claims declared illegal.]
It shall be unlawful for any person to solicit employment for himself or for another in the collection of any claim for damage to property or for damages for personal injuries sustained within this state or elsewhere or for death resulting therefrom, whether to be presented, collected, enforced or prosecuted in this state or elsewhere, […]