Penner & Associates - Mexico Law Firm and Business Consulting for Mexico

For professional assistance & information on legal & business matters regarding Mexico and Latin America, please contact:

ATTORNEYS AT LAW FOR MEXICO
Please contact us at our Mexico offices located at:
Apartado Postal No. 9
San Miguel de Allende, Guanajuato, Mexico
TEL. US.: (800) 856-5709
Local Phone (415) 152-3648

e-mail E-MAIL

 

BUSINESS CONSULTANTS FOR MEXICO
REAL ESTATE BROKERAGE ASSISTANCE FOR MEXICO
At our Phoenix or Mexico Offices
P.O. Box 42773
Phoenix, Arizona 85080
Tel: (623) 242-7442

e-mail E-MAIL

OUR MEXICO CITY OFFICES
Montecito no. 38 Piso 37 Oficina 37
Edificio World Trade Center
Colonia Napolis C.P. 03810
Mexico, Distrito Federal

Tel: (55)5351-0438

e-mail
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PROFESSIONALS IN MEXICO

Choose one:

1. Professional Ethics in Mexico for Attorneys

2. Criminal Acts of Attorneys, Patrons and Litigators (state level)

3. Medical and Technical Responsibility (State Level)

4. Civil Code responsibility (State level)

5. Registry and Control of Real Estate Agents in Sonora

 

Professional Ethics in Mexico for Attorneys

The scope of ethics and professionalism in Mexico for the attorneys should be viewed in the context of the Mexican society of today, as well as the activities of these Mexico attorneys as influenced by their Mexican clients, other Mexican attorneys and foreign clients and the foreign clients' attorneys.

The Mexican society has as its basis that of a Latin origin with a Christian religion and influence from its conquerors occupiers (Spain, France) and its' present day neighbors (the U.S.). With this as the basis, a set of laws were created in Mexico which to a certain extent are similar to the U.S. Still, some may say that it may appear that the U.S. goes further in search for the human rights issues, accountability of the actions of a professional and the application of the corresponding laws. There is room to argue against that, in Mexico's favor.

Mexico licenses its attorneys under federal laws of education, professionals and registry. Thusly, once an attorney is licensed in Mexico, with registry at a federal registry of professionals, he is able to exercise his license in all of Mexico, subject as such directly to these laws. These federal laws do deal with professional misconduct, yet some persons might say we can see weakness in the realm of courts or administrative personnel enforcing what exists. Others may disagree with this and say it's the case that is week. Once again, there is room to argue against that, in Mexico's favor.

It is very unlikely for an attorney of Mexico to be a part of or even hear of any other attorney in Mexico being a part of any disciplinary action under these Mexican laws. Some person might say, not so much due to the exemplary actions of all the attorneys but simply due to the un-commonness of the action.

There also exist state penal laws of Mexico which govern over issues of fraud, abuse of confidence and the like. There are also state civil laws which govern over issues of negligence, non-compliance of a contractual relationship and agency.

On the humanistic side, if you ask anyone in Mexico why didn't he or she sue the attorney under the professions law, the response might likely would be "which law did you say ?" and the second most likely would be that "the courts would not pay much attention and if they did I would have to prove a difficult case" and the third
response might likely be that "he will just fight me and I will have to pay another attorney to carry out the action". In other words justice might be very long in coming and expensive. Another (fourth) response might be that he does not have much money or if he does, the court might grant very little or no punitive damages, so the court action would only be to take away his privilege of practicing law, which the plaintiff might defend dearly.

In reference to civil-suits the same or similar responses might be given. As for penal action, people in Mexico might also be inclined to say "that is revenge", rather than trying to stop an incompetent attorney from messing up someone else's business.

Because of the predisposition of the people of Mexico (for whatever the reason), both private parties as well as business people, to not sue an attorney, it is very unlikely to see this kind of a suit. In the event that there was a suit, it is very likely that the defending attorney would most assuredly defend himself and justice might be long in coming.

There do exist bar associations (similar but not the same as in the U.S.) in the different states of Mexico, however the membership is no required and the vast majority of attorneys do not belong. In some states you might find two bar associations (one competing with the other for membership). The bar associations are many times looked upon more like a fraternity or continuing education group than a governing or controlling organization.

I have found over the years of my practice in Mexico that there are good and bad and competent and incompetent attorneys in Mexico. To over generalize the issue, the larger cities may be said to have more competent law firms that have more extensive legal experience and a good understanding of first world work ethics and accountability; and the smaller the town, the lesser the experience and lesser the contact with first world ethics and accountability. With further reflection, the better response is that in a big town you have more to chose from, therefore you might find several good attorneys .Even so, I have found that it has much to do with the person and not the size of the town.

I do suggest that the keys in seeking to protect one's self from bad and/or incompetent attorneys in Mexico might be the following:

1. Use measures of counter-balance, where other professionals are watching over each other.
2. Use attorneys that have a well established practice of some years, thusly showing a proven track record.
3. Seek recommendations from banking institutions, other businesses, other attorneys, or other persons of one's confidence.
4. Pay on services rendered.
5. Request and demand periodical reports of the matter.

Criminal Acts of Attorneys, Patrons and Litigators (state level)

There also exist state (in each state) penal laws of Mexico which govern over issues of fraud, abuse of confidence and the like. Example - Articles 195-196 of the penal code of Sonora

Medical and Technical Responsibility (State Level)

There also may exist state (in each state) penal laws of Mexico which govern over issues of medical and/or medical or technical responsibility and the like. Example - Articles 191 - 194 of the penal code of Sonora

Civil Code responsibility (State level)

There are also state civil laws which govern over issues of negligence, non-compliance of a contractual relationship and agency.

These civil laws have a special section that deals with contracts of service. The Civil Code of the State of Sonora (as an example), just adjacent to Arizona on the south, has a title designated "Contract of Professional Services" which has as its subtitles: Domestic Services, Rendering of Professional Services, Fixed Price Construction Contract, Non-Commercial Transporters of Merchandise and The Contract of Lodging. The subtitle of Rendering of Professional Services solely sets forth the basics necessary for the professional to collect for his or her services, without going into details over how or what disciplinary action can be taken in the event of improper action. It might be said that the discipline action is not the scope of the civil law , which has more to do with the contractual relationship.

Registry and Control of Real Estate Agents in Sonora

The Mexican state of Sonora now has a registry and disciplinary ability over real estate agents in its state. See Reference to this matter on the Real Estate Page ( subsection-Sonoran Real Estate Agent Law ) of this site.