Whenever the attorney general has reason to believe that employment as an attorney has been solicited and obtained in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], he shall cause an action to be instituted in the name of the state against the person owning such right of action or to whose benefit the same inures, the person employed to enforce the same and the person against whom such right of action is claimed to exist, or as many of such persons as can be personally served within this state. In any such action the court, upon finding that such employment was solicited and obtained in violation of this act, may enjoin the person solicited and the person employed to prosecute such claim from continuing such employment and from continuing the prosecution of such claim through the person so employed and may further enjoin the person against whom such claim is asserted from settling such claim or negotiating for the settlement thereof with any person so employed. No undertaking shall be required upon the issuance of any temporary or permanent injunction.
History: 1941 Comp., § 18-135, enacted by Laws 1949, ch. 81, § 8; 1953 Comp., § 18-1-35.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For prima facie evidence of agency, see 36-2-33 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
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