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  • 24-106. Practice by nonadmitted lawyers before state courts.

 

Pro Hac Vice

24-106. Practice by nonadmitted lawyers before state courts. 


A. Conditions of appearance.
Upon compliance with the requirements of this rule, but only in association with an active member in good standing as a member of the State Bar of New Mexico, an attorney authorized to practice law before the highest court of record in any state or country (“nonadmitted attorney”) may appear on behalf of a party in any civil proceeding pending before a court of this state, even though the attorney is not licensed to practice law in this state. A non-admitted attorney shall comply separately for each civil action, suit or proceeding in which the attorney intends to appear. 

B. Registration certificate. For each civil proceeding in which the attorney intends to appear, the nonadmitted attorney shall file a registration certifi cate with the State Bar of New Mexico in which the attorney shall identify the proceeding in which the attorney intends to appear and shall certify that:  

(1) the attorney is admitted or licensed as an attorney in good standing in another state or country;  

(2) the attorney will comply with applicable statutes, laws and procedural rules of the state of New Mexico; and  

(3) the attorney will comply with the Rules of Professional Conduct and the Rules Governing Discipline approved by the Supreme Court, and will submit to the jurisdiction of the New Mexico courts and the Disciplinary Board with respect to acts and omissions occurring during the attorney’s admission under this rule. 

C. Payment of fee. With each registration certificate the non-admitted attorney shall pay a non-refundable fee of two hundred fifty dollars ($250) to the State Bar of New Mexico. The fee shall be waived if the nonadmitted attorney certifies that the attorney is employed by a governmental authority and will be appearing on behalf of a governmental authority in the proceeding for which the attorney is registering, that the attorney is employed by an agency providing legal services to indigent clients and will be appearing on behalf of an indigent client in the proceeding for which the attorney is registering, or that the attorney will otherwise be appearing on behalf of an indigent client in the proceeding for which the attorney is registering and will be charging no fee for the appearance. 

D. Use of fees. From each fee collected under this rule, the State Bar of New Mexico may deduct an administrative and processing charge of not more than ten dollars ($10.00). The balance of all such fees shall be held by the State Bar of New Mexico in a special fund to support the delivery of civil legal services to the poor. The Board of Bar Commissioners shall distribute all fees held in the special fund at least annually to nonprofit organizations providing or supporting the provision of civil legal services to the poor and shall use the State Bar of New Mexico’s state plan as a guide to distribution.

[Approved, effective January 20, 2005.]