Rule 26-102 NMRA
Rule 26-102. Application requirements; certificate; application fee.
A. An applicant for a certificate of registration as a foreign legal consultant shall file
an application with the Supreme Court on a form provided by the Supreme Court, which
shall be accompanied by the fee required by Paragraph F of this rule. Any English
translation required by this rule shall meet the requirements of federal law or rules for
translations in support of visa applications. The application shall include, but may not be
limited to:
(1)
a certificate from a professional body or public authority of the foreign
country having final jurisdiction over professional discipline, certifying the applicant's
admission to practice and the date thereof, and to the applicant's good standing as an
attorney or counselor at law or the equivalent, accompanied by an English translation of
the certificate, it is not in English translation;
(2)
a letter of recommendation from one of the members of the executive
body of such authority, from one of the judges of the highest court of law or court of
original jurisdiction of such foreign country or from a duly organized bar association,
accompanied by an English translation of the letter if it is not in English;
(3)
a summary of the law or rules of such foreign country that permit members
of the bar of New Mexico to establish offices for the purpose of giving legal advice to
clients in such foreign country, accompanied by an English translation of the law or
rules if it is not in English, provided, however, that the Court may waive this requirement
if it has already received an approved English language text of the law or rules of the
foreign country;
(4)
such other evidence as to the applicant's educational and professional
qualifications, good moral character and general fitness as the Supreme Court may
require;
(5)
a duly acknowledged written statement setting forth the applicant's home
address and business address in the State of New Mexico and designating an agent for
service in State of New Mexico upon whom process may be served as if the applicant
had been served personally in any action or proceeding thereafter brought against the
applicant arising out of or based upon any legal services rendered or offered to be
rendered by the applicant within or to residents of the State of New Mexico whenever,
after due diligence, service cannot be made upon the applicant at the latest address
filed with the clerk of the Supreme Court; and
(6)
an acknowledged written statement confirming that the Supreme Court will
be immediately advised of any law suit brought against the applicant that arises out of
or is based upon any legal services rendered or offered to be rendered by the applicant
within the State of New Mexico.
B. The applicant shall disclose all past charges of professional misconduct and shall
show that the applicant has never been disbarred nor had a license suspended, and
that there are no charges of misconduct pending against the applicant.
C. The Supreme Court may investigate the professional qualifications and moral
character of any applicant for a certificate of registration as a foreign legal consultant
and may require additional proof or information. If the Supreme Court determines that
the applicant possesses all the qualifications set forth in this rule, it may issue a
certificate of registration as a foreign consultant.
D. The certificate of registration as a foreign legal consultant shall be valid until
surrendered or revoked for cause pursuant to Rule 26-105.
E. Prior to the issuance of a certificate of registration, each applicant shall execute
and file with the Supreme Court an oath or affirmation in the form prescribed by the
Supreme Court attesting that the foreign legal consultant will uphold and abide by the
rules and regulations applicable to such certified foreign legal consultant.
F. The filing fee to be paid by the applicant to the clerk of the Supreme Court shall
be in United States dollars. The fee shall be the greater of the following fees:
(1)
the fee charged to persons seeking first-time admission to the State Bar of
New Mexico who have graduated from law school more than one year prior to the date
of application; or
(2)
if the clerk of the Supreme Court has been provided satisfactory evidence
that the foreign country in which the applicant is licensed charges a higher fee to
members of the bar of New Mexico who are applying in that country for registration as
foreign legal consultant, the fee charged to members of the bar of New Mexico for
registration in that country as foreign legal consultant.