The Professional Corporation Act does not modify the legal relationships, including confidential relationships, between a person performing professional services and the client or patient who receives such services; but the liability of shareholders shall be otherwise limited as provided in the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978] and as otherwise provided by law.

History: 1953 Comp., § 51-22-8, enacted by Laws 1969, ch. 245, § 3.

ANNOTATIONS

Liability of attorney shareholder. — Shareholder or membership status within a professional corporation is not intended to confer upon an attorney protection from individual liability for the attorney's own negligence or personal breach of duty. Sanders, Bruin, Coll & Worley, P.A. v. McKay Oil Corp., 1997-NMSC-030, 123 N.M. 457, 943 P.2d 104.

Law reviews. — For article, "The New Mexico Professional Corporation," see 9 Nat. Res. J. 591 (1969).

For note, "Legal Malpractice - Membership in a Professional Corporation Does Not Confer upon an Attorney-Shareholder a Limitation on Personal Liability for Attorney's Breach of Duty: Sanders, Bruin, Coll & Worley, P.A. v. McKay Oil Corporation," see 31 N.M.L. Rev. 637 (2001).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 Am. Jur. 2d Witnesses § 285 et seq.

What constitutes professional services within meaning of statute preserving individual liability of professional employees of professional corporation, association, or partnership, 31 A.L.R.4th 898.

Professional corporation stockholders' nonmalpractice liability, 50 A.L.R.4th 1276.

7A C.J.S. Attorney and Client §§ 131, 132; 70 C.J.S. Physicians and Surgeons §§ 26, 27.