N.M. R. Gov. Paral. Serv. 20-111

As amended through August 23, 2024
Rule 20-111 - Business associations prohibited

A lawyer will not form a partnership or other entity with a paralegal for the purpose of practicing law.

N.M. R. Gov. Paral. Serv. 20-111

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

Committee commentary. - The lawyer may not enter into any ownership arrangement with a paralegal involving the practice of law.

A lawyer will not share fees with a paralegal. The compensation of a paralegal may not include a percentage of profits, fees received generally or fees received specifically from a client who came to the lawyer or the firm by reason of acquaintance or other association with the paralegal.

However, Rule 16-504 NMRA of the Rules of Professional Conduct provides authorization for a lawyer or law firm to include paralegals in a retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement, since such inclusion does not aid or encourage laymen to practice law.

ANNOTATIONS

The 2004 amendment, effective January 30, 2004, substituted "paralegal" for "legal assistant" throughout the rule and committee commentary, and "paralegals" for "legal assistants" in the last paragraph of the committee commentary.