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Experts

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Experts

Post by Intercasa on Tue Aug 16, 2011 11:16 pm

This issue has come up a bit so I´ll mention it. While many here might feel more comfortable using a fellow foreigner for certain services, it may not be best for professional services. If a case happens to go to litigation, your therapist, your translator, attorney, architect or builder will have no recognition in the Mexican courts if they are not professionals with credentials in this country.

There are many competent Mexican professionals with degrees and a professional Cedula, some have masters degrees (others doctorates) on top of that and if your issue goes to litigation, they can be a competent witness who can support your position and help you prove your case. Also not all professionals are court approved or State or Municipally approved so you´d need to check depending on your needs.

You, and only you can weight the options as it may be a trade off where you feel more comfortable using someone who is a native speaker (of your language) who speaks little Spanish and has no credentials here. Also another problem is some here don´t like to pay much and some in Guadalajara don´t like to drive much (regarding professionals there).

Not all professionals here in Mexico are created equal. Some are true professionals and after finishing their initial degree they go for a master´s degree (maestria) and other continuing educational courses (i.e. diplomados). On top of this some join professional organizations akin to a bar association for attorneys in other countries but here are called colleges and these groups police their own, have educational requirements and some have entrance exams. Membership in a "college" (not to be confused with the educational kind in the US) is a requirement to be an expert with the courts and local government for many professions.

Mandatory membership in a college is prohibited by Article 5 of the Mexican Constitution which prohibits restrictions on the freedom to work although notarios are required to be members of the college of notarios.

More and more there is a push for "self policing" and many professionals are being asked to join colleges if they want to pursue certain types of work.

The reason I post this is recently I´ve seen some issues arise with the following professions:

Marriage counselors who are from the US can counsel here but cannot support the wronged spouse in a divorce action.

Architects or engineers from the US as well as "contractors" who might inspect a project and see flaws and defects whose testimony and opinion will not be taken into account.

Attorneys to a lesser degree, some translators, accountants (for Mexican tax issues) and doctors as well.

Somebody from outside may be more competent than someone with credentials here but if push comes to shove and there is fighting or court action, or the potential for it, then money might be wasted on using the services of a foreigner.

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Re: Experts

Post by Sherman on Mon Aug 22, 2011 11:32 am

Thanks for the input....
I have a couple related questions.

In the LCS direction 2010, p. 130, one law firm in Ajijic states that there is no bar association in Mexico that has authority to regulate and discipline lawyers (source: Life Planning in Jalisco).

Based on your comment above about bar associations, do you know if that is a true statement?

Also, I just got an email from a large lawfirm in Guadalajara indicating that several of their lawyers are members of the Mexican Bar Association and the International Bar Association. Even if they are members and these associations exist, do you know if they have any authority to regulate and discipline their members?

Last question..... Notario 1 in Chapala.
Has anyone ever seen this person?
Does he not practice any longer?
Has anyone been around long enough to know who he is?

Thanks a lot,
FILOLI

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Re: Experts

Post by Intercasa on Mon Aug 22, 2011 12:53 pm

There are no bar associations in Mexico like the US which are quasi or governmental organizations. Here they are colleges (private professional organizations) which have entry requirements, make their members take classes and supposedly hold them accountable if they do anything wrong. Some groups are very professional while others just get together to drink.

I know people at Notary #1 in Chapala and not sure I can give any verified info.
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Re: Experts

Post by Sherman on Mon Aug 22, 2011 1:02 pm

Do you know anything about the 'international bar associations" .... are they also basically member organizations for networking. Or, do they have something for substantive in their mission?

I've also done business with an attorney (more than once) in Chapala who "uses" Notario 1. I've been in the office several times and see no sign of a notario.
I also know people who have used other attorneys and 'non-attorney' who does business with Notario 1.....and they have said they have seen no sign of life. Seems a bit odd that no one has seen this person, but their legal assistance is using this person?

Thanks for your input....
Filoli

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Re: Experts

Post by Intercasa on Mon Aug 22, 2011 2:54 pm

It is doubtful the group has much policing power as to do so it would need government backing or to be a group one would be obligated to join so that any lack of membership would affect one so as to harm their business, thereby making people behave to stay in.

I am being required to join a "college" for financial transactions with banks, people working in banks usually have taken the courses and tests and it is a requirements to work in most banks, this way one cannot commit fraud and move to another state in Mexico as they will make you join the group and if you've been booted then they'll know.

http://www.amib.com.mx/
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