2021 New Mexico Statutes
Article 2 - Regulation of Attorneys
Section 36-2-31 - [Fee splitting prohibited; division of fees by attorneys excepted.]

It shall be unlawful for any person, firm, corporation or association to divide with or receive from any attorney-at-law, or group of attorneys-at-law, whether practicing in this state or elsewhere, either before or after action is brought, any portion of any fee or compensation charged or received by such attorney-at-law, or any valuable consideration or reward, as an inducement for placing or in consideration of being placed in the hands of such attorney or attorneys-at-law, or in the hands of another person, firm, corporation or association, a claim or demand of any kind, for the purpose of collecting such claim or instituting an action thereon or of representing claimant in the pursuit of any civil remedy for the recovery thereof, or for the settlement or compromise thereof, whether such compromise, settlement, recovery, suit, claim, collection or demand shall be in this state or elsewhere. This paragraph [section] shall not apply to agreements between attorneys to divide compensation received in cases or matters legitimately, lawfully and properly received by them.
History: 1941 Comp., § 18-129, enacted by Laws 1949, ch. 81, § 2; 1953 Comp., § 18-1-29.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For penalty, see 36-2-36 NMSA 1978.
For provisions of Rules of Professional Conduct, see Rule 16-101 NMRA et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 260.
Fees: attorney's splitting fees with other attorney or laymen as ground for disciplinary proceeding, 6 A.L.R.3d 1446.
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
Validity and enforceability of referral fee agreement between attorneys, 28 A.L.R.4th 665.
Attorneys' fees: cost of services provided by paralegals or the like as compensable element of award in state court, 73 A.L.R.4th 938.
Attorney's obligation to share fee award with party representing public interest, 43 A.L.R.5th 793.
7A C.J.S. Attorney and Client § 294.

Structure 2021 New Mexico Statutes