New Mexico Statutes 36-2-28.1. Unauthorized practice of law; private remedies
A. A person likely to be damaged by an unauthorized practice of law in violation of Section 36-2-27 N.M. Stat. Ann. 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.
Terms Used In New Mexico Statutes 36-2-28.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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 N.M. Stat. Ann. 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.