N.M. Stat. § 30-27-3 (2026)

Barratry consists of:

    A. intentionally instigating, maintaining, exciting, prosecuting or encouraging the
bringing of any suit in any court of this state in which such person has no interest, with
the intent to distress or harass the defendant;

   B. intentionally bringing or prosecuting any false suit by a person on his own
account, with intent to distress or harass the defendant therein;

   C. any attorney-at-law seeking or obtaining employment in any suit or case to
prosecute or defend the same by means of personal solicitation of such employment or,
procuring another to solicit employment for him; or

   D. any attorney-at-law seeking or obtaining employment in any suit, by giving to the
person from whom the employment is sought anything of value or directly or indirectly
paying the debts or liabilities of the person from whom such employment is sought or
loaning or promising to give or otherwise grant anything of value to the person from
whom such employment is sought before such employment in order to induce such
employment.

   Whoever commits barratry is guilty of a misdemeanor.

History: 1953 Comp., § 40A-27-3, enacted by Laws 1963, ch. 303, § 27-3.

                                    ANNOTATIONS

Cross references. — For rule relating to attorney conflict of interest, see Rule 16-108
NMRA.

For requirement that attorney's claims and contentions be meritorious, see Rule 16-301
NMRA.

For rule relating to attorney advertising, see Rule 16-702 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Champerty and
Maintenance § 20.

Purchase of cause of action by attorney as champertous, 4 A.L.R. 173.

Quantum meruit or implied contract, right of attorney to recover upon, for services
rendered under champertous contract, 85 A.L.R. 1365.

Validity of agreement between attorney and layman to divide attorney's fees or
compensation for business of third person, 86 A.L.R. 195.

Solicitation, right of attorney to recover for services performed under contract procured
by, 86 A.L.R. 517.

Government or agencies of government, law as to champerty or maintenance as
applied to agreement with respect to bringing and prosecution of claims against, 106
A.L.R. 1494.

Contract by one person to defend litigation that has been or may be instituted against
another as champertous, 121 A.L.R. 847.

Assertion of defense of champerty in action by champertous assignee, 22 A.L.R.2d
1000.

Validity and propriety of arrangement by which attorney pays or advances expenses of
client, 8 A.L.R.3d 1155.

Maintenance of lawyer reference system by organization having no legal interest in
proceedings, 11 A.L.R.3d 1206.
7A C.J.S. Attorney and Client § 149; 14 C.J.S. Champerty and Maintenance §§ 25, 26.