Lawyers typically work or are willing to accept cases in specific areas of law. These are typically referred to as “practice areas.” I generally practice civil law in the following areas. If you do not know what area your legal matter falls into, or you are not sure how to describe it, then please contact me anyway, and we’ll see if it’s something with which I can assist you. As far as pricing, I strive to keep my fees affordable for ordinary people. Depending on the nature of your legal matter, my fees will be payable either as: (1) a flat fee, which is a set amount payable upon completion of the work I agreed to do, regardless of how long it takes me; (2) hourly billing, in which I will bill you monthly at an agreed hourly rate for the number of hours I have worked in your matter; or (3) on contingency, in which I will take some percentage of the money I recover for you. Every matter is different, and the specific fee arrangement will depend on the facts of your case, as well as the time and labor required, the fee customarily charged in your locality for similar legal services, the amount involved and results obtained, and any constraints of time, among other factors. I typically do not ask for pre-payment of fees or a retainer unless I expect to incur significant up-front costs or must devote significant time to your matter that will limit my ability to serve others.
All that said, my practice areas include:
Estate planning, such as making wills and trusts. Proper estate planning is needed to ensure your wishes are carried out in the event of your incapacity or death, and that your loved ones have the needed tools to carry out those wishes, or to care for you if you cannot do so yourself. In New Mexico, I offer a package that includes a will, an advanced healthcare directive (also known as a medical power of attorney), a durable power of attorney, and a cremation authorization (if desired) for a standard flat fee with a lower per-person rate for couples. I will provide transfer on death deeds and a trust agreement (other than needed to provide for minor children), but only if your specific circumstances call for these documents, for an additional fee.
Probate, or assistance in settling your departed loved one’s affairs. “Probate” is not a bad word, but it is often a necessary proceeding to ensure your loved one’s final wishes have been appropriately carried out. All too often, people I have worked with are concerned about needing to initiate a probate proceeding over concerns other family members could subvert or delay the process. While this concern is sometimes valid, it is often not, and I can assist you in understanding New Mexico’s rules of inheritance (with or without a will), guiding you through a probate proceeding and the administration of a loved one’s estate if one is needed, or otherwise settling your loved one’s affairs if such proceeding is not needed. In assisting you, I will do my best to do so with compassion and sensitivity so you are not burdened with uncertainty on top of grief for your recent loss.
Business and Organization Formation and Compliance. Are you looking to start a business or other organization? Do you have an existing business or other organization but need help meeting your legal obligations in operating it, such as in complying with labor laws? Do you just have questions? I can assist you in all of these things. I can also draft contracts and other legal documents your business or organization may need in its dealings with customers, suppliers, employees, or members. If it’s needed, I can also prosecute claims or defend your business or organization in a dispute with another person or party.
Real Property. Although a real estate agent or appraiser is usually best for most questions on the buying or selling of real property (land, houses, and buildings), I can assist in certain circumstances where a lawyer is needed, such as in addressing title or ownership disputes, settling boundaries, entering agreements that affect real property rights, or in addressing easement, covenant, and restriction issues.
Housing, or landlord-tenant issues. If you are a renter or rent out your own property, I can assist you in drafting or interpreting rental agreements. I can also assist you with any disputes or problems that may arise in the course of a rental, such as a tenant’s nonpayment of rent, a landlord’s failure to comply with health and safety regulations, or other noncompliance on the part of either party to a rental agreement. Housing can be a contentious issue, and I will do my best to ensure you understand your rights and options on either side of a rental agreement. I also litigate housing cases where the assistance of a court is required to ensure those rights and options are enforced and protected.
Personal Injury and Economic Loss. Have the wrongful acts or failure to act on the part of another person, business, or organization caused physical injury or emotional harms to you or your family? Or have those wrongful actions caused you to lose money or property, including diminishing the value of your property? If so, I may be able to assist. This practice area can be very broad, and I can assist you in determining whether you have valid claims at law, the potential value of those claims, and whether those claims are worth pursuing through litigation (a lawsuit) or some other method, including out of court resolutions such as mediation and settlement.
Construction. Although negligent construction or the failure of a contractor to deliver what was promised is a sub-set of the economic loss claims I handle, I want to call special attention to it as a specific practice area I have handled in the past and am willing to handle in the future. If a contractor, builder, or tradesman provided services, such as home remodeling or repair, that were not what was agreed, then please contact me for assistance in determining whether those services were so poorly provided, or contrary to what was agreed, as to be legally actionable.
Consumer Protection. Specific business practices may be prohibited under the New Mexico Unfair Practices Act and other state consumer protection laws. If you purchased a product or a service from a local business that does not live up to the claims made about that product or service, then please contact me for assistance in determining whether you have a remedy under our consumer protection laws. These laws can apply to all kinds of products and services, including automobile and vehicle purchases, contractor services, and many others.
Employment. Although your employment is probably “at will,” which generally allows an employer to terminate your employment for any reason or no reason, there are limits to what an employer can lawfully do, and terminating employees (or denying equal access to employment opportunities) for reasons relating to an employee’s protected class status, such as race, age, religion, national origin, or sex, may be unlawful discrimination. Besides unlawful discrimination, terminating employees for reasons contrary to public policy interests (such as where an employee refuses to participate in or reports an employer’s wrongful acts) could also serve as a basis for a wrongful termination or retaliatory discharge claim. If you believe you have been improperly subject to discrimination because of your protected class status, or otherwise wrongfully terminated, I can help assist you in determining whether you have valid claims at law and can reasonably pursue legal action against your current or former employer.
Discrimination and Civil Rights. In addition to employment, unlawful discrimination is prohibited under the New Mexico Human Rights Act for certain organizations, in public accommodations, and in housing. In New Mexico (as of 2024), protected classes may include race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability, serious medical condition or military status, or, if an employer has fifty or more employees, spousal affiliation. Certain limitations do apply to all of the above, such as where the discrimination is based on a bona fide occupational qualification. If you believe you have been a victim of unlawful discrimination in employment, in public accommodation (such as a restaurant, hotel, or other business that serves the public), housing, or some other context, then please contact me, and we can figure out whether you have valid claims at law and any possible remedy for such discriminatory treatment.
Civil Defense. Are you on the receiving end of a lawsuit? Are you about to be, or concerned that you might be? In addition to prosecuting the kinds of lawsuits described above, I am also willing to defend people and small businesses who are being sued, even more so where there is a valid defense that can be asserted on your behalf. Depending on the facts of your case and the nature of the law at issue in the suit, I cannot guarantee that there will always be such a defense available to you, but I can at least help you understand what is happening, what is being claimed, and what your possible options may be.
SOME Criminal Defense. Although I do not consider myself a criminal defense attorney, I may be willing to defend you in a case where you have been charged with a misdemeanor, there is limited risk of jail time or incarceration, you have a good reason to oppose the charge, and I believe I can capably and effectively represent you in the case. I do not accept many cases like this, but if you are in need, and the preceding conditions apply, then I am willing to consider it.
Appellate Practice. I am willing to handle appeals where there is a reasonable basis for an appeal, whether or not I was involved in the underlying case. If something did not go your way recently, then I am willing to assist you in determining whether there are grounds for an appeal or some other action to change the judgment (such as asking the court to reconsider).
Areas in Which I Do Not Practice. Because of the need for certain qualifications or experience I do not believe I have, I do not currently accept cases involving any of the following: medical malpractice, legal malpractice, patents, anything involving securities (stocks and things like that), immigration, and most forms of family law, including divorces and custody disputes; however, I can probably provide a referral for most of these.
What if my specific matter is not listed here? Please feel free to contact me anyway. I am willing to try new things, but only where I believe I can capably and responsibly do so. At the very least, I may be able to provide you a referral.