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USA - New Mexico International Trade in Legal Services
United States of America - New Mexico International Trade in Legal Services
HOME COUNTRY LICENSING QUESTIONS
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Is there legislation governing the legal sector |
NEW MEXICO STATUTES |
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Under what title do lawyers practise? |
Attorney at law |
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How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed? |
An individual must have a bachelor’s degree and a JD, satisfy character and fitness to practice requirements, and have passed the bar exam. |
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Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits |
This only automatically entitles the holder to practise in New Mexico. The right to practise on a temporary basis in another state or to appear pro hac vice in another state depends on the explicit permission of that state. |
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Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction? |
There are no foreign or large national or international US firms established in New Mexico. |
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Do you need to hold local nationality to be eligible to practise law? |
No |
| What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
A lawyer may practise as a sole practitioner, in a general or limited liability partnership. Fee sharing with non-lawyers is prohibited. |
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What other ethical or regulatory requirements must a licensed lawyer comply with? |
The New Mexico code of professional conduct which is modelled on the ABA model code (see:http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm) |
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Do law firms need to receive a "license" (or permission/approval) to practice law? |
Not from the Court but may be subject to other notification requirements depending on the form taken (e.g. limited liability company) and the local State code. |
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Which authority issues licences? Are there different authorities for individuals and firms? |
Licences are issue by the State Supreme Court |
GENERAL TRADE IN LEGAL SERVICES QUESTIONS
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Is the jurisdiction a member of the WTO? |
The US joined the WTO on 1 January 1995 |
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Has it made any commitments under GATS in legal services? |
Under the WTO commitments of the USA, an individual practising 'as or through' a lawyer qualified in New Mexico may provide legal services in modes 1-3. |
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Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
The US has bilateral agreements with: the Dominican Republic - Central America (CAFTA), Korea, North American Free Trade Agreement (NAFTA), Australia, Bahrain, Chile, Colombia, Israel, Jordan, Morocco, Oman, Panama, Peru and Singapore. It is currently negotiating new agreements with the EU (TTIP) and the Trans-Pacific Partnership. |
| Do these currently include legal services or are there plans to include them in future? |
The NAFTA agreement calls for future negotiations on MRAs amongst the legal professions and lawyers are included in the professional visa programme. |
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Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
NAFTA lawyers have access to the professional visa program |
| Are there any 'foreign law' firms present in this jurisdiction? |
There are no foreign or large national or international US firms established in New Mexico. |
INDIVIDUAL FOREIGN LAWYERS
| Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice? |
Foreign lawyers are not permitted to provide fly-in fly-out services, this is only permitted to lawyers from other US states (see Professional Conduct rule 16-505 on Unauthorized Practice of Law) |
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Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?
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Under the WTO commitments of the USA, an individual wishing to practise law on a fly in fly out basis in New Mexico would need to be fully admitted to the New Mexico Bar or to the Bar of another US State. 'Service salespersons' are permitted to enter the USA for periods of up to 90 days. "Service salespersons" are "persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service" Entry for persons named in this section is limited to a ninety-day period. |
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Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence? |
No - There is no FLC licensing regime in New Mexico |
| Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
Not applicable |
| Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
Not applicable |
| Are foreign lawyers permitted to undertake arbitration and mediation? |
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Are foreign lawyers allowed to appear in court under any circumstances?
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New Mexico Supreme Court has established a new pro hac vice admission rule for cases filed on or after January 20, 2005. NMRA 24-106. Practice by non-admitted lawyers before state courts. (Includes lawyers admitted in another country). Fee: $250 |
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Can foreign lawyers requalify as local lawyers? |
A foreign lawyer cannot requalify as a New Mexico lawyer but must complete the full State admission requirements in order to be admitted. |
FOREIGN LAW FIRMS
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Can a foreign law firm obtain a licence to open an office? |
No |
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Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc) |
No |
| Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) |
Not applicable |
| Is there a quota on the number of licences available? |
Not applicable |
| Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? |
No |
| Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? | No |
| Are there restrictions on the corporate form a foreign law firm can take? | Not applicable |
| Are there rules about the name a foreign law firm can take? | Not applicable |
| What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Not applicable |
EMPLOYMENT AND PARTNERSHIP
| Are there restrictions on the ownership share of foreign lawyers in a law firm? |
Not applicable |
| May a domestic lawyer be employed by a foreign lawyer or law firm? |
Not applicable |
| Can a domestic lawyer enter into partnership with a foreign lawyer? |
Not applicable |
| Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Not applicable |
OTHER USEFUL LINKS/SOURCES
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Other useful sources or comments or links |
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Verified by |
Disciplinary Board of the New Mexico Supreme Court (January 2014) |