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The Paralegal Division was organized to serve the interests of the paralegal profession throughout the state. See Rules Governing the New Mexico Bar, specifically Rule 24-101.1.B(3) and 24-101.1 NMRA , creating a paralegal division of the State Bar and establishing membership qualifications.
In Rule 20-102 NMRA , the New Mexico Supreme Court defined “paralegal” as a person who: (1) contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity; (2) performs substantive legal work under the supervision of a licensed attorney who assumes professional responsibility for the final work product; and (3) meets one or more of the education, training, or work experience qualifications set forth in Rule 20-115 NMRA . “Substantive legal work” is further defined as work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by an attorney. See Rules Governing Paralegal Services, 20-101 through 20-115 NMRA .
The Paralegal Division of the State Bar of New Mexico was created by Supreme Court rule in 1995 to serve the needs of paralegals, formerly legal assistants, throughout the state, with the following specific goals:
Requirements for membership in the Paralegal Division can be found at Rule 24-101.A. NMRA.
In 1989, a small group of paralegal and legal assistants collaborated to work toward creating a voluntary paralegal and legal assistants division of the State Bar of New Mexico to further the professional status of paralegals and legal assistants in the state.
The initial proposal was presented to the Board of Bar Commissioners in 1990 and subsequently to the New Mexico Supreme Court. Supreme Court Chief Justice Gene Franchini recommended that the New Mexico Alliance of Professional Paralegals, Inc., be formed as a precursor to the Division. The Alliance existed for five years and focused on obtaining support from paralegals, legal assistants, and the statewide legal community.
In 1991, the United States Supreme Court opinion in Missouri v. Jenkins held that substantive work by legal assistants could be billed at market rates. In 1992, the American Bar Association’s definition of legal assistants was adopted into law in New Mexico. In 1993, Senate Bill 804, relating to the regulation of legal assistant services, was introduced.
Although Senate Bill 804 was tabled in committee, the State Bar appointed a series of ad hoc study groups to investigate regulation and the feasibility of a division. A positive recommendation was made to the Board of Bar Commissioners in 1994, leading to the creation of the Paralegal Division by Supreme Court order on Feb. 7, 1995.
The Division has since pursued continuing legal education, pro bono opportunities, and collaboration with the State Bar and the legal community. In 2003, the Division formally changed its name from the Legal Assistants Division to the Paralegal Division to reflect evolving professional standards. The Supreme Court approved the change in 2004.