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Home » US Law » 2021 New Mexico Statutes » Chapter 36 - Attorneys » Article 2 - Regulation of Attorneys

Section 36-2-10 – [Duties of attorneys.]

It is the duty of an attorney-at-law: A. to support the constitution and the laws of the United States and of this state; B. to maintain the respect due to courts of justice and judicial officers; C. to counsel or maintain no other action, proceeding or defense than those which appear to him legal and […]

Section 36-2-11 – [Authority of attorneys.]

An attorney has authority: A. to execute in the name of his client any bond or other written instrument necessary and proper for the prosecution of an action or proceeding about to be or already commenced, or for the prosecution or defense of any right growing out of an action, proceeding or final judgment rendered […]

Section 36-2-12 – [Proof of authority; stay of proceedings.]

The court may, on motion of either party and on showing of reasonable grounds thereof, require the attorney for the adverse party or for any one of the several adverse parties to produce or prove by his oath or otherwise the authority under which he appears and until he does so, may stay all proceedings […]

Section 36-2-13 – [Attorneys prohibited from acting as surety for clients.]

No practicing attorney shall be a surety in any action or proceeding in which he is an attorney in any of the courts in this state. History: Laws 1909, ch. 53, § 31; Code 1915, § 358; C.S. 1929, § 9-132; 1941 Comp., § 18-112; 1953 Comp., § 18-1-12. ANNOTATIONS Bracketed material. — The bracketed […]

Section 36-2-13.1 – Liability for court reporting costs.

A. Except as provided in Subsection C of this section, an attorney who engages a court reporter to perform court reporting services shall be jointly and severally liable with the client for whom the services were performed for costs of: (1) the shorthand reporting of the proceedings; (2) transcribing the proceedings; and (3) each copy […]

Section 36-2-14 – [Method for changing attorney; notice.]

The attorney in any action or proceeding may be changed at any time before judgment or after final determination, as follows: A. upon his own consent filed with the clerk or entered upon the minutes; B. upon the order of the court or the judge thereof, upon application of the client after notice to the […]

Section 36-2-15 – [Death, removal, etc., of attorney; procedure.]

When an attorney dies or is removed or suspended, or ceases to act as such, a party to an action or proceeding for whom he was acting must, before any further proceedings are had against him, be required by the adverse party, by written notice to appoint another attorney or to appear in person. History: […]

Section 36-2-17 – [Deceit or collusion; damages; disbarment.]

If an attorney is guilty of deceit or collusion or consents thereto with intent to deceive the court, judge or party, he shall forfeit to the injured party, treble damages to be recovered in a civil action, and may, if in the opinion of the board of bar examiners such conduct warrants it, be disbarred. […]

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 36-2-2 to 36-2-9 – Repealed.

ANNOTATIONS Repeals. — Laws 1979, ch. 143, § 2, repealed 36-2-2 to 36-2-9 NMSA 1978, relating to the board of commissioners of the state bar and the state board of bar examiners. For present provisions, see 36-2-9.1 NMSA 1978.

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 […]

Section 36-2-23 – [Effect of disbarment; reinstatement.]

Every judgment or order of disbarment or suspension made in pursuance of this chapter by the supreme court of this state, shall operate while it continues in force to deny the party against whom the same is rendered the right to appear in any of the courts of this state; but an attorney-at-law, who by […]

Section 36-2-24 – [License fraudulently obtained; revocation.]

The supreme court may revoke the license of any attorney at any time within three years after the same is granted, upon satisfactory showing that the same was obtained by false representations, fraud or deceit. History: Laws 1909, ch. 53, § 47; Code 1915, § 375; C.S. 1929, § 9-150; 1941 Comp., § 18-123; 1953 […]

Section 36-2-25 – Repealed.

ANNOTATIONS Repeals. — Laws 1979, ch. 143, § 2, repealed 36-2-25 NMSA 1978, relating to payment of annual license fee to the board of commissioners of the state bar. For present provisions, see Rule 24-102 NMRA.

Section 36-2-26 – [Annual meetings of state bar; annual election.]

There shall be an annual meeting presided over by the president of the state bar, open to all members of the bar in good standing, and held at such time and place as the board of commissioners may designate, for the discussion of the affairs of the bar and the administration of justice. At noon […]