N.M. R. Gov. Paral. Serv. 20-102

As amended through August 23, 2024

Rule 20-102 - Definitions

As used in these rules:

A. a "paralegal" is a person who:

(1) contracts with or is employed by an attorney, law firm, corporation, governmental agency or other entity;

(2) performs substantive legal work under the supervision of a licensed attorney who assumes professional responsibility for the final work product; and

(3) meets one or more of the education, training or work experience qualifications set forth in Rule 20-115 NMRA of these rules; and

B. "substantive legal work" is work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. Examples of substantive legal work performed by a paralegal include: case planning, development and management; legal research and analysis; interviewing clients; fact gathering and retrieving information; drafting legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is authorized by law. Substantive legal work performed by a paralegal for a licensed attorney shall not constitute the unauthorized practice of law.

N.M. R. Gov. Paral. Serv. 20-102

Approved, effective September 1, 1981; as amended, effective April 1, 1993;January 30, 2004.

Committee commentary. - The definition of paralegal is intended to cover those persons usually designated as "legal assistants", "paralegals" and "lawyers' assistants". The definition exemplifies the broad range of tasks which may be performed by a paralegal. Other persons such as legal secretaries, law clerks and law graduates not admitted to practice in the State of New Mexico are also encompassed to the extent they perform the tasks contemplated by the definition. For a discussion of what constitutes "practice of law", see State ex rel. Norvell v. Credit Bureau of Albuquerque, Inc. , 85 N.M. 521, 514 P.2d 40 (1973).

Persons not meeting the definition of a paralegal or attorneys who have been disbarred or suspended from the practice of law by the State of New Mexico or any other jurisdiction are discouraged from using the designation "paralegal". Attorneys are also discouraged from using the designation "paralegal" to identify non-lawyer support staff unless such staff qualifies as a paralegal pursuant to these rules.

ANNOTATIONS

The 2004 amendment, effective January 30, 2004, rewrote the rule and substituted "paralegal" for "legal assistant" in the first two sentences of the first paragraph and added the second paragraph in 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.