N.M. R. Gov. Paral. Serv. 20-103

As amended through May 8, 2024

Rule 20-103 - Conduct prohibited

A paralegal shall not:

A. provide legal advice;

B. represent a client in court except to the extent authorized by law;

C. select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who supervises the paralegal, unless the supervising attorney or judge, in the case of paralegals employed by the courts, so directs;

D. engage in conduct that constitutes the unauthorized practice of law;

E. contract with, or be employed by, a natural person other than an attorney to perform paralegal services except to the extent authorized by law;

F. in connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service or enter a transaction from which income or profit, or both, purportedly may be derived;

G. establish the fees to charge a client for the services the paralegal or the attorney performs. Such fees shall be established by the attorney who supervises the paralegal's work. This paragraph does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency or other entity; or

H. perform any services for a consumer except as performed under the supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. Nothing in this paragraph shall prohibit a paralegal who is employed by an attorney, law firm, governmental agency, or other entity from providing services to a consumer served by one of these entities if those services are expressly allowed by statute, case law, court rule or federal or state administrative rule or regulation. As used in this paragraph, "consumer" means a natural person, firm, association, organization, partnership, business trust, corporation or public entity.

N.M. R. Gov. Paral. Serv. 20-103

Approved, effective September 1, 1981; as amended, effective January 30, 2004.

Committee commentary. - Rule 16-505 NMRA of the Rules of Professional Conduct provides that "[a] lawyer shall not . . . assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law".

The rule is cited to emphasize that a paralegal cannot practice law, any more than any other unlicensed person or entity can practice law. Furthermore, a lawyer who uses the services of a paralegal has a professional responsibility to ensure that the paralegal does not practice law and thereby involve the lawyer in any violation of the Rules of Professional Conduct.

Some activities which would involve the unauthorized practice of law if undertaken by the paralegal include: (a) independently recommending a course of conduct or a particular action to a client; (b) evaluating for or speculating with a client on the probable outcome of litigation, negotiations or other proposed action; (c) independently outlining rights or obligations to a client; and (d) independently interpreting statutes, decisions or legal documents to a client.

A lawyer should ensure that paralegals for whose work the lawyer is responsible are aware of Section 36-2-28 NMSA 1978, which imposes criminal penalties upon persons who are not licensed to practice law and who "practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer. . ."

ANNOTATIONS

The 2004 amendment, effective January 30, 2004, rewrote the rule and substituted "paralegal" for "legal assistant" and "paralegals" for "legal assistants" throughout the committee commentary.

"Practice of law" construed. - There is no comprehensive definition of what constitutes the practice of law. Because of the infinite number of fact situations which may be presented, each must be judged according to its own circumstances. State Bar v. Guardian Abstract & Title Co. , 1978-NMSC-016, 91 N.M. 434, 575 P.2d 943.

Am. Jur. 2d, A.L.R. and C.J.S. references. - Contracts by organizations, in business of providing evidence, witness, or research assistance to legal counsel in specific litigation, 15 A.L.R.4th 1255.