A. A person likely to be damaged by an unauthorized practice of law in violation of
Section 36-2-27 NMSA 1978 may bring an action for an injunction against the alleged
violator. An injunction shall be granted pursuant to the principles of equity and on terms
that the court considers reasonable. Proof of monetary damage or loss of profit is not
required for an injunction to be granted pursuant to this subsection.
B. A person who suffers a loss of money or other property as a result of an
unauthorized practice of law in violation of Section 36-2-27 NMSA 1978 may bring an
action for the greater of actual damages or one thousand dollars ($1,000) and for the
restitution of any money or property received by the alleged violator, provided that if the
court finds that the alleged violator willfully engaged in the unauthorized practice of law,
the court may award up to three times the actual damages or three thousand dollars
($3,000), whichever is greater.
C. A person bringing an action pursuant to Subsection A or B of this section shall, if
the person prevails, also be awarded attorney fees and costs.
D. The relief provided by this section is in addition to other remedies available at law
or equity.
History: Laws 2011, ch. 107, § 1.
ANNOTATIONS
Effective dates. — Laws 2011, ch. 107, § 4 made Laws 2011, ch. 107, § 1 effective
July 1, 2011.
Notes of Decisions
Salas v. Guadalupe Credit Union, 563 P.3d 873 (N.M. 2024).
· cites it 72× “Plaintiffs’ complaint in the district court alleges Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 1978, §§ 57-12-1 to -26 (1967, amended through 2019) (UPA).”
Salas v. Guadalupe Credit Union (N.M. 2024).
· cites it 69× “Plaintiffs’ complaint in the district court alleges 6 Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, 7 § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 8 1978, §§ 57-12-1 to -26 (1967, amended through 2019)…”
Salas v. Guadalupe Credit Union, No. A-1-CA-39021 (N.M. Ct. App. Oct. 11, 2022).
· cites it 13× “Plaintiffs filed a complaint in district court for damages and injunctive relief against GCU for alleged unauthorized practice of law, alleging claims under NMSA 1978, Section 36-2-28.1 (2011) (providing private remedies for the unauthorized practice of law), and the Unfair…”
State v. Daprano, No. 29,433 (N.M. Ct. App. Mar. 2, 2012).
· cites it 2× “107, § 3) (current versions 14 at NMSA 1978, §§ 36-2-28.1, -28.2 (2011)). Edwards, 102 N.”
N.M. Stat. § 36-2-28.1(A): 1 case
Salas v. Guadalupe Credit Union, No. A-1-CA-39021 (N.M. Ct. App. Oct. 11, 2022).
“Plaintiffs filed a complaint in district court for damages and injunctive relief against GCU for alleged unauthorized practice of law, alleging claims under NMSA 1978, Section 36-2-28.1 (2011) (providing private remedies for the unauthorized practice of law), and the Unfair…”
N.M. Stat. § 36-2-28.1(B): 3 cases
Salas v. Guadalupe Credit Union, 563 P.3d 873 (N.M. 2024).
“Plaintiffs’ complaint in the district court alleges Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 1978, §§ 57-12-1 to -26 (1967, amended through 2019) (UPA).”
Salas v. Guadalupe Credit Union (N.M. 2024).
“Plaintiffs’ complaint in the district court alleges 6 Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, 7 § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 8 1978, §§ 57-12-1 to -26 (1967, amended through 2019)…”
Salas v. Guadalupe Credit Union, No. A-1-CA-39021 (N.M. Ct. App. Oct. 11, 2022).
“Plaintiffs filed a complaint in district court for damages and injunctive relief against GCU for alleged unauthorized practice of law, alleging claims under NMSA 1978, Section 36-2-28.1 (2011) (providing private remedies for the unauthorized practice of law), and the Unfair…”
N.M. Stat. § 36-2-28.1(C): 2 cases
Salas v. Guadalupe Credit Union, 563 P.3d 873 (N.M. 2024).
“Plaintiffs’ complaint in the district court alleges Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 1978, §§ 57-12-1 to -26 (1967, amended through 2019) (UPA).”
Salas v. Guadalupe Credit Union (N.M. 2024).
“Plaintiffs’ complaint in the district court alleges 6 Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, 7 § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 8 1978, §§ 57-12-1 to -26 (1967, amended through 2019)…”
N.M. Stat. § 36-2-28.1(D): 2 cases
Salas v. Guadalupe Credit Union, 563 P.3d 873 (N.M. 2024).
“Plaintiffs’ complaint in the district court alleges Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 1978, §§ 57-12-1 to -26 (1967, amended through 2019) (UPA).”
Salas v. Guadalupe Credit Union (N.M. 2024).
“Plaintiffs’ complaint in the district court alleges 6 Guadalupe’s actions constitute the unauthorized practice of law under NMSA 1978, 7 § 36-2-28.1 (2011), and unfair trade practices under the Unfair Practices Act, NMSA 8 1978, §§ 57-12-1 to -26 (1967, amended through 2019)…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.