Section 36-2-33 – [Solicitation prosecutions; prima facie evidence of agency.]
The solicitation by any person of another person to employ, or procure or bring about the employment of, any attorney-at-law for the purpose of presenting, collecting, enforcing or prosecuting such a claim for damages, if followed by the employment of said attorney for such purposes, shall, in any prosecution for violation of this act [36-2-29, […]
Section 36-2-34 – [Solicitation violation; stay of proceeding; employment of other counsel.]
In any action for personal injury brought in any court of this state, the court, upon being satisfied that the employment of counsel for any party has been solicited in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], shall order all proceedings in the action stayed until such party has been given an […]
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Section 36-2-28 – Repealed.
History: Laws 1925, ch. 100, § 12; C.S. 1929, § 9-212; 1941 Comp., § 18-127; 1953 Comp., § 18-1-27; repealed by Laws 2011, ch. 107, § 3.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 — Laws 2011, ch. 107, § 3 repealed 36-2-28 NMSA 1978, as enacted by Laws 1925, ch. 100, § 12, relating to practicing law without a […]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 36-2-18 – [Grounds for disbarment and suspension by supreme court.]
An attorney may be disbarred or suspended by the supreme court for any of the following causes arising after his admission to practice: A. his conviction of felony or misdemeanor involving moral turpitude in which case the record of conviction is conclusive; B. wilful disobedience or violation of an order of the court requiring him […]
Section 36-2-19 – [Conviction of crime; certifying copy of record to supreme court; disbarment.]
In the case of the conviction of an attorney of a felony or of a misdemeanor involving moral turpitude, the clerk of the court in which such conviction is had must within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction, and the supreme court upon receipt of […]
Section 36-2-20 – [Attorneys who are partners of or related to district attorney; restrictions on practice.]
No attorney-at-law, who is at the time a partner of any district attorney, or the father, son or brother of a district attorney, shall defend in any court any person charged with any criminal offense, or appear in any civil action against the state in which it is the duty of such district attorney to […]
Section 36-2-21 – [Judgment of disbarment.]
Upon conviction of the accused in cases arising under the first subdivision of Section 36-2-18 NMSA 1978, the judgment of the court must be that the name of the party be stricken from the roll of attorneys of the court, and that he be precluded from practicing as such attorney in all the courts of […]
Section 36-2-22 – [Payment of costs in disbarment proceedings.]
In all disbarment proceedings where the respondent is disbarred or suspended from practice, the costs of such proceedings shall be taxed against such respondent. Where such respondent is reprimanded only, the costs, at the option of the court may be taxed either against the respondent or the state, or may be apportioned. If such respondent […]