2020 New Mexico Statutes
Chapter 36 - Attorneys
Article 2 - Regulation of Attorneys
Section 36-2-1 - [Rules defining and regulating practice of law; authority of supreme court; distribution; effective date.]

The supreme court of the state of New Mexico shall, by rules promulgated from time to time, define and regulate the practice of law within the state of New Mexico. The supreme court shall cause such rules to be printed and distributed to all members of the bar, to applicants for admission and to all courts within the state of New Mexico and the same shall not become effective until thirty (30) days after the same shall have been made ready for distribution and so distributed.

History: 1941 Comp., § 18-101, enacted by Laws 1941, ch. 96, § 1; 1953 Comp., § 18-1-1.

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

Cross references. — For right of attorney to portion of land as fee in actions quieting title, see 42-6-10 NMSA 1978.

For limitation of fees in proceedings before employment security commission, see 51-1-37 NMSA 1978.

For limitation on fees in workmen's compensation cases, see 52-1-54 NMSA 1978.

For incorporation by attorneys, see 53-6-1 NMSA 1978.

For provisions of Rules Governing Admission to the Bar, see Rule 15-101 NMRA et seq.

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

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

Authority of supreme court. — The supreme court's constitutional power of superintending control encompasses the court's authority and duty to prescribe the qualifications for admission to the bar, to prescribe standards of conduct for lawyers, to determine what constitutes grounds for the discipline of lawyers and to discipline, for cause, any person admitted to practice law in New Mexico. Any legislative attempt to limit what conduct the court may consider as grounds for imposing attorney discipline would be an unconstitutional infringement on the court's authority to regulate the practice of law. In re Treinen, 2006-NMSC-013, 139 N.M. 318, 131 P.3d 1282.

Prime purpose of licensing attorneys and in making them the exclusive practitioners in their field is to protect the public from the evils occasioned by unqualified persons performing legal services. State Bar v. Guardian Abstract & Title Co., 1978-NMSC-016, 91 N.M. 434, 575 P.2d 943.

Purpose of attorney regulation. — The close regulation of those who practice law is to protect the unwary and the uninformed from injury at the hands of persons unskilled or unlearned in the law. State Bar v. Guardian Abstract & Title Co., 1978-NMSC-016, 91 N.M. 434, 575 P.2d 943.

Power of legislature to regulate admission to bar. — The process of admitting to the bar comprehends fixing standards as to mental and scholastic qualifications and determining whether the applicant meets such requirements. The exercise thereof is a judicial function, inherent in the courts. The legislature may enact valid laws in aid of such functions and may, if in furtherance thereof, fix minimum requirements, but in no event, maximum requirements; and may not require the courts to admit on standards other than as accepted or established by the courts. Any legislation which attempts to do so is an invasion of the judicial power and violative of the constitutional provisions establishing the separate branches of government and prohibiting the legislature from invading the judiciary. In re Sedillo, 1959-NMSC-095, 66 N.M. 267, 347 P.2d 162.

Authority to discipline lawyers. — The New Mexico state racing commission does not have the authority to prohibit an attorney from representing a client before the commission in adjudicatory proceedings or public hearings on the basis of alleged misconduct: The supreme court has the exclusive authority to discipline lawyers. 1987 Op. Att'y Gen. No. 87-61.

Law reviews. — For article, " 'To Purify the Bar': A Constitutional Approach to Non-Professional Misconduct," see 5 Nat. Resources J. 299 (1965).

For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law §§ 2, 8 to 11.

Tax matters, services in connection with, as practice of law, 9 A.L.R.2d 797.

Land contracts: drafting, or filling in blanks in printed forms, of instruments relating to land by real estate agents, brokers, or managers as constituting practice of law, 53 A.L.R.2d 788.

Trust company's acts as fiduciary as practice of law, 69 A.L.R.2d 404.

Title examination activities by lending institution, insurance company, or title and abstract company, as illegal practice of law, 85 A.L.R.2d 184.

Compelling admission to membership in professional association or society, 89 A.L.R.2d 964.

Handling, preparing, presenting, or trying workmen's compensation claims or cases as practice of law, 2 A.L.R.3d 724.

Practice by attorneys and physician as corporate entities or associations under professional service corporations statutes, 4 A.L.R.3d 383.

Representation of another before state public utilities or service commission as involving practice of law, 13 A.L.R.3d 812.

Activities of law clerks as illegal practice of law, 13 A.L.R.3d 1137.

Collection agency: operation of collection agency as unauthorized practice of law, 27 A.L.R.3d 1152.

Incapacity: validity and construction of rule or order requiring attorney to submit to physical or mental examination to determine capacity to continue in practice of law, 52 A.L.R.3d 1326.

Books and forms: sale of books or forms designed to enable layman to achieve legal results without assistance of attorney as unauthorized practice of law, 71 A.L.R.3d 1000.

Propriety of attorney's resignation from bar in light of pending or potential disciplinary action, 54 A.L.R.4th 264.

Jury: who is lawyer or attorney disqualified or exempt from service, or subject to challenge for cause, 57 A.L.R.4th 1260.

In-house counsel's right to maintain action for wrongful discharge, 16 A.L.R.5th 239.

Handling, preparing, presenting, or trying workers' compensation claims or cases as practice of law, 58 A.L.R.5th 449.

Bar examination: validity, under federal constitution, of state bar examination proceedings, 30 A.L.R. Fed. 934.

7 C.J.S. Attorney and Client §§ 3 to 6, 10 to 42, 59 to 87; 7A C.J.S. Attorney and Client §§ 88 to 130.