Is it legal in New Mexico for non-lawyers to do legal document preparation?

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I might be relocating to New Mexico in the next six months. Is it legal there for non-lawyers to do legal document preparation? I currently reside in FL. I have a BS in Paralegal Studies. Have worked many years as a paralegal in various law firms in FL and NJ. For the past 3 years, I have been doing my own business as an independent paralegal, Legal Document Preparer, SSD Advocate and Notary. What I am wondering is if I could keep doing my own business doing those things in New Mexico?

Asked 11/12/2009 under Business | 151 View(s) | More Legal Topics

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Here is a link to a brochure by the Paralegal Division of the State Bar of New Mexico: http://www.nmbar.org/AboutSBNM/ParalegalDivision/PDDocs/PD%20Brochure-Utilization%20of%20Paralegals.pdf. It discusses the Rules Governing Paralegal Services. Here is the link to the website: http://www.nmbar.org/AboutSBNM/ParalegalDivision/paralegaldivision.html.

The brochure lists conduct that is prohibited by a paralegal. Perhaps the most important one for any independent paralegal is not to provide legal advice. But the one that is important for you is the prohibition against selecting, explaining, drafting, or recommending the use of any legal document to or for any person other than a lawyer, unless directed by a supervising lawyer. Furthermore, you cannot contract with or be employed by a natural person other than a lawyer to provide paralegal services except to the extent authorized by law. You also cannot perform services directly for a consumer except as performed under the supervision of a lawyer.

If after reading the brochure, you still have questions or concerns, I would contact the New Mexico State Bar's Paralegal Division to clarify the rules in your situation. While it appears that you may not be able to work as an independent paralegal, you have experience and the requisite degree. Perhaps the State Bar can suggest how you can maintain your business without breaking any laws in New Mexico. I don't know how you run your business or all the services you provide, but some may be perfectly legal to continue in New Mexico (SSD Advocate, Notary). Perhaps you can establish a relationship with a lawyer, who can act as a supervisor over the work you do independently?

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