A party to an arbitration proceeding may be represented by a lawyer.
History: Laws 2001, ch. 227, § 17.
Compiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Malcious abuse of process. — Defendant's initiation of judicial proceedings against the plaintiff is no longer a required element of malicious abuse of process and arbitration proceedings are judicial proceedings for the purpose of the malicious abuse of process tort. Durham v. Guest, 2009-NMSC-007, 145 N.M. 694, 204 P.3d 19.
Attorney liability. — An arbitration proceeding is an adversarial proceeding and an attorney who is representing a client in an arbitration proceeding is not liable for aiding and abetting a breach of the client's fiduciary duty unless the attorney acts outside the scope of representation, acts only in his or her self-interest and contrary to the client's interest, or acts in a manner that would fall within the "crime or fraud" exception to the attorney-client privilege. Durham v. Guest, 2007-NMCA-144, 142 N.M. 817, 171 P.3d 756, rev'd on other grounds, 2009-NMSC-007, 145 N.M. 694, 204 P.3d 19.
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