Whenever the attorney general has reason to believe that employment as an attorney has been solicited and obtained in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], he shall cause an action to be instituted in the name of the state against the person owning such right of action or to whose benefit the same inures, the person employed to enforce the same and the person against whom such right of action is claimed to exist, or as many of such persons as can be personally served within this state. In any such action the court, upon finding that such employment was solicited and obtained in violation of this act, may enjoin the person solicited and the person employed to prosecute such claim from continuing such employment and from continuing the prosecution of such claim through the person so employed and may further enjoin the person against whom such claim is asserted from settling such claim or negotiating for the settlement thereof with any person so employed. No undertaking shall be required upon the issuance of any temporary or permanent injunction.
History: 1941 Comp., § 18-135, enacted by Laws 1949, ch. 81, § 8; 1953 Comp., § 18-1-35.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For prima facie evidence of agency, see 36-2-33 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
Structure New Mexico Statutes
Article 2 - Regulation of Attorneys
Section 36-2-2 to 36-2-9 - Repealed.
Section 36-2-10 - [Duties of attorneys.]
Section 36-2-11 - [Authority of attorneys.]
Section 36-2-12 - [Proof of authority; stay of proceedings.]
Section 36-2-13 - [Attorneys prohibited from acting as surety for clients.]
Section 36-2-13.1 - Liability for court reporting costs.
Section 36-2-14 - [Method for changing attorney; notice.]
Section 36-2-15 - [Death, removal, etc., of attorney; procedure.]
Section 36-2-16 - [Breach of confidence; deserting or jeopardizing client; penalty.]
Section 36-2-17 - [Deceit or collusion; damages; disbarment.]
Section 36-2-18 - [Grounds for disbarment and suspension by supreme court.]
Section 36-2-19 - [Conviction of crime; certifying copy of record to supreme court; disbarment.]
Section 36-2-21 - [Judgment of disbarment.]
Section 36-2-22 - [Payment of costs in disbarment proceedings.]
Section 36-2-23 - [Effect of disbarment; reinstatement.]
Section 36-2-24 - [License fraudulently obtained; revocation.]
Section 36-2-26 - [Annual meetings of state bar; annual election.]
Section 36-2-27 - Practice without admission; contempt of court; foreign attorneys.
Section 36-2-28.1 - Unauthorized practice of law; private remedies.
Section 36-2-28.2 - Unauthorized practice of law; action by attorney general or bar association.
Section 36-2-29 - [Direct and indirect solicitation of damage claims declared illegal.]
Section 36-2-30 - [Solicitation of damage claims; injunction.]
Section 36-2-31 - [Fee splitting prohibited; division of fees by attorneys excepted.]
Section 36-2-33 - [Solicitation prosecutions; prima facie evidence of agency.]
Section 36-2-34 - [Solicitation violation; stay of proceeding; employment of other counsel.]
Section 36-2-35 - [Solicited employment contracts void; recovery of compensation paid.]
Section 36-2-36 - [Penalty for solicitation.]
Section 36-2-37 - [Prosecution by attorney general for solicitation.]
Section 36-2-38 - [Duty to testify in action for solicitation; immunity; perjury.]