2019 New Mexico Statutes
Chapter 36 - Attorneys
Article 2 - Regulation of Attorneys
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.

History: Laws 1909, ch. 53, § 28; Code 1915, § 355; C.S. 1929, § 9-129; 1941 Comp., § 18-116; 1953 Comp., § 18-1-16.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For disbarment and suspension generally, see 36-2-18 to 36-2-23 NMSA 1978.

For provisions of Rules of Professional Conduct, see Rule 16-101 NMRA et seq.

For Rules Governing Discipline, see Rule 17-101 NMRA et seq.

The terms "the court, judge or party" suggest that the statute applies only in the context of judicial proceedings. An action for deceit and collusion does not lie outside the context of pending judicial proceedings. An action against an attorney representing a two-person partnership who deceived one of the partners is not cognizable under this section. Richter v. Van Amberg, 97 F. Supp. 2d 1255 (D.N.M. 2000)

Applicability in bankruptcy proceedings. — A claim of violation of Section 36-2-17 NMSA 1978 in conduct occurring during the appeals process arising after the magistrate court action does not fall under the auspices of the bankruptcy court's post-dismissal jurisdiction. Kline v. Tiedemann, 424 B. R. 516 (D.N.M. 2010)

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 180.

Divorce: participation in allegedly collusive or connived divorce proceedings as subjecting attorney to disciplinary action, 13 A.L.R.3d 1010.

7 C.J.S. Attorney and Client § 23; 7A C.J.S. Attorney and Client, § 138.