New Mexico’s Supreme Court Adopts Modest “Reciprocity” Deregulation as Recommended by Rio Grande Foundation, Others

(Albuquerque) In a first step for “free trade” in legal services, the New Mexico Supreme Court has adopted partial reciprocity for attorneys (also known as reciprocal bar admission). In its pure form, lawyer reciprocity enables experienced attorneys from other states to practice in New Mexico. This basic regulatory reform was discussed in a 2013 Rio Grande Foundation policy brief that dealt broadly with regulations that hold back New Mexico’s economy.

Said Rio Grande Foundation president Paul Gessing of the Court’s decision, “We are pleased that the Court has concluded that failing to recognize the credentials of out-of-state attorneys – while providing protection to a small group of marginal, in-state attorneys – is unfair to New Mexico consumers of legal services and ultimately harms our economy.”

Gessing continued, noting that “In today’s economy, businesses can set up their headquarters wherever they choose. State requirements that attorneys be ‘barred’ once again to practice in New Mexico after having already gone through that process elsewhere, is not helpful as our elected official attempt to bring jobs and economic growth to our state.

Attorney Pat Rogers who has been leading a pro-reciprocity effort before the Court noted that, while pleased with this first step, “The Court did not adopt the less restrictive proposal favored by his group and the Rio Grande Foundation. The Court did, however remove a good portion of the existing restrictive barriers to competition in the practice of law, in NM. Consumers should be the winners.”

Concluded Gessing, “The New Mexico Supreme Court’s move towards reciprocity is a small, but necessary step forward in terms of reducing unnecessary regulations on New Mexicans.”