Montoya & Chavez, Attorneys at Law · Albuquerque, NM Se habla español · Consultas en español Established 2009
Montoya & ChavezAttorneys at Law Call (505) 555-0142 Free consultation
§01The firm

A small Albuquerque firm on Lomas

Straight answers, before you decide anything.

Two attorneys, five people, one office near Downtown. Since 2009 we have handled injury, family, estate, business and immigration matters for people across Bernalillo, Sandoval and Valencia counties.

Request a free consultation Call (505) 555-0142

The first consultation costs nothing and it is with an attorney, not an intake screener. En español o en inglés, whichever you prefer.

Firm record

Founded
2009, Albuquerque, New Mexico
Attorneys
Rosa Montoya, admitted 2004. Daniel Chávez, admitted 2008.
Courts
Second Judicial District Court, Bernalillo County. Thirteenth Judicial District, Sandoval and Valencia counties. Bernalillo County Metropolitan Court. U.S. District Court for the District of New Mexico.
Bar
State Bar of New Mexico, both attorneys in good standing
Languages
English and Spanish, with both attorneys
Consult
Free, about 20 minutes, by phone or at the office
Lomas Boulevard looking east toward the Sandia Mountains on a clear Albuquerque afternoon, with low downtown buildings along the street.
Lomas Boulevard, a few blocks from the office. Bernalillo County District Court is a short walk from here.
§02Practice areas

What we handle

Five areas. We say so when a matter is not one of them.

A firm this size cannot do everything well, so we do not pretend to. Each area below lists who it is usually for and how the fee is structured, before you call.

  1. 01

    Personal injury

    Car and truck collisions, motorcycle wrecks, dog bites, slip and fall, and wrongful death claims. We deal with the insurance adjuster, gather the records, and value the claim. New Mexico has a filing deadline on most injury claims, so the date of the incident is the first thing we ask about.

    For someone hurt recently who is being asked to give a recorded statement.

    Fee: contingency
  2. 02

    Family law

    Divorce, legal separation, custody and timesharing, child support and modifications, guardianship, and orders of protection. Most of this work is about building a schedule and a budget two households can actually live with, and we will tell you when mediation is the faster road.

    For a parent who needs a workable arrangement more than a fight.

    Fee: hourly, written estimate first
  3. 03

    Estate planning and probate

    Wills, revocable trusts, powers of attorney, advance health care directives, transfer on death deeds, and probate administration in New Mexico. Most families here need a short, clear set of documents rather than a complicated structure, and we will say so if that is your situation.

    For a family with a house in New Mexico and no plan on paper for it.

    Fee: flat, quoted in advance
  4. 04

    Small business formation

    New Mexico LLCs and corporations, operating agreements, partnership terms, buy and sell provisions, independent contractor agreements, and commercial lease review. Filing the entity is the easy part. The agreement between the owners is the part that matters two years later.

    For two people going into business together on a handshake.

    Fee: flat per document or package
  5. 05

    Immigration

    Family based petitions, adjustment of status, consular processing, naturalization, work authorization and DACA renewals. Every consultation in this area can be held entirely in Spanish. We handle family based matters and we refer removal defense and asylum work to attorneys who do it every day.

    For a family filing for a spouse, parent or child.

    Fee: flat per filing, plus government fees
§03The attorneys

Credentials, in full

Two attorneys. You will speak with one of them.

There is no case manager between you and the person handling your matter. Here is the record for each of them, stated plainly, with no claims about results.

Rosa Montoya

Founding partner

Admitted
New Mexico, 2004. In practice more than twenty years.
Courts
New Mexico state courts, including the Second Judicial District Court in Bernalillo County, the Thirteenth Judicial District, and the New Mexico Court of Appeals.
Education
J.D., University of New Mexico School of Law. B.A., University of New Mexico.
Practice
Personal injury and family law
Languages
English and Spanish
Member
State Bar of New Mexico. New Mexico Trial Lawyers Association. Albuquerque Bar Association.

Daniel Chávez

Partner

Admitted
New Mexico, 2008. Joined the firm at its founding in 2009.
Courts
New Mexico state courts, and the United States District Court for the District of New Mexico.
Education
J.D., University of New Mexico School of Law. B.B.A., New Mexico State University.
Practice
Estate planning, business formation and immigration
Languages
English and Spanish
Member
State Bar of New Mexico, Business Law and Immigration Law sections. American Immigration Lawyers Association. Albuquerque Bar Association.
2009The year the firm opened, in the same building it is in today.
5People in the office. Two attorneys, a paralegal, a legal assistant and an office manager.
3Counties served: Bernalillo, Sandoval and Valencia.
2Languages spoken by every person in the office, English and Spanish.
A corner of a wooden conference table in daylight, with a closed file folder, a legal pad and a pen resting on it.
The consultation room on Lomas. Most first meetings take about twenty minutes.
§03.1When you call

No mystery about it

What happens when you call.

People put off calling a lawyer because they do not know what the call will be like. This is the whole of it.

  1. 01

    Someone answers

    During office hours a person in this office picks up, not a call center in another state. After hours, leave a message and you hear back the next business day.

  2. 02

    We ask what happened, and when

    Dates matter more than detail at this stage. New Mexico sets deadlines for filing, and the first thing we check is whether yours is close.

  3. 03

    We run a conflict check

    Before any confidential discussion we confirm the firm does not already represent someone on the other side of your matter. It takes a few minutes and it protects you.

  4. 04

    You get a plain answer

    Your options, roughly how long each takes, what it is likely to cost, and which parts we expect to be difficult. If your matter is outside what we do, we say so and give you a name.

  5. 05

    You decide, or you do not

    Hiring us starts with a written fee agreement you read first. If you walk away, the consultation still cost nothing and what you told us stays here.

§03.2How fees work

The part most firms leave off

How fees work, in three arrangements.

Which one applies depends on the matter, not on the client. We put the arrangement in writing before any work begins.

Arrangement one

Contingency

Used for personal injury matters. The fee is a percentage of what is recovered, agreed in writing at the start. If there is no recovery, there is no attorney fee.

  • Percentage stated in the agreement before you sign
  • No attorney fee is owed if nothing is recovered
  • Case costs are handled separately, see below
Arrangement two

Flat fee

Used for estate planning, business formation and most immigration filings. One price for a defined piece of work, quoted after we understand the scope.

  • The quote lists what is included and what is not
  • Government and filing fees are additional and disclosed
  • Payment plans are available on most flat fee work
Arrangement three

Hourly

Used for family law and contested matters, where nobody can honestly predict the volume of work. Billed against a retainer, in increments stated in the agreement.

  • Written estimate of the likely range before you retain us
  • Itemised monthly statements, so you see the work
  • Unused retainer is returned to you

Four things about cost that are true whichever arrangement applies

  1. Costs are separate from fees. Filing fees, medical and police records, service of process, deposition transcripts and expert reports are case costs. We tell you which of those the firm advances and which you pay as they come up. In a contingency matter you may still be responsible for costs.
  2. Nothing starts without a signed agreement. Every engagement begins with a written fee agreement stating the rate or percentage, the scope, and what happens if either side ends the representation.
  3. The first consultation is free, and it is not a sales call. If the honest answer is that you do not need a lawyer, or that you need a different one, that is what you will hear.
  4. We do not quote a price for a matter we have not looked at. Anyone who gives you a number over the phone before hearing the facts is guessing, and you would be paying for the guess.
§04Service area

Where we appear

Three counties, and the courts that go with them.

The office is on Lomas near Downtown, which puts the Bernalillo County courthouses within walking distance and the rest of the middle Rio Grande valley inside half an hour.

  • Bernalillo County Second Judicial District Court and Bernalillo County Metropolitan Court, both in Downtown Albuquerque. Walking distance
  • Sandoval County Thirteenth Judicial District Court in the town of Bernalillo, serving Rio Rancho, Corrales, Placitas and Bernalillo. About 25 minutes
  • Valencia County Thirteenth Judicial District Court in Los Lunas, serving Los Lunas, Belen, Bosque Farms and Peralta. About 30 minutes

Drive times are approximate, from the Lomas office in ordinary traffic.

  • Downtown
  • Old Town
  • Nob Hill
  • North Valley
  • South Valley
  • Los Ranchos
  • Corrales
  • Rio Rancho
  • Ladera
  • Four Hills
  • Paseo del Norte
  • Tramway
  • Placitas
  • Bosque Farms
  • Los Lunas
  • Belen

The office

1012 Lomas Blvd NW, Suite 200, Albuquerque, NM 87102. Free parking in the lot behind the building, entrance off 10th Street. The suite is on the second floor and the building has an elevator.

If coming downtown is difficult, we hold consultations by phone or video, and we schedule evening appointments by arrangement. For family and estate matters we also meet clients at their home when travel is a genuine obstacle.

Getting help in Spanish

Both attorneys and every member of staff speak Spanish. That means the consultation, the documents we walk you through, the phone calls and the questions you ask at nine at night on the voicemail can all be in Spanish. No interpreter is scheduled and none is needed.

Ambos abogados y todo el personal hablan español. La consulta, los documentos y las llamadas pueden ser completamente en español. La primera consulta es gratis.

A quiet reception area with two upholstered chairs, a side table and a tall window looking onto the street.
Reception, second floor
A modern glass and stone courthouse facade in downtown Albuquerque under a bright sky.
Downtown, a few blocks away
Cottonwood trees along an irrigation ditch in the North Valley of Albuquerque in late afternoon light.
The North Valley bosque
§05Consultation

Free, about twenty minutes

Start with a conversation, not a commitment.

Call the office directly

(505) 555-0142

Ask for Rosa or Daniel. If both are in court, leave a message and you will hear back the same day or the next business morning.

Monday to Thursday8:30 to 5:30
Friday8:30 to 3:00
Evenings and SaturdayBy arrangement
Emailoffice@montoyachavezlaw.com

Useful to have in front of you

  • The date something happened, or the date on any letter you received
  • Any deadline printed on a court notice or an agency notice
  • Names of everyone else involved, so we can run the conflict check
  • Nothing else. If you do not have paperwork, call anyway.

Request a consultation

We reply during office hours. If your matter has a deadline this week, please call instead of using this form.

Please keep this brief and leave out confidential details. We will run a conflict check before discussing your matter, and sending this form does not create an attorney and client relationship.

Preferred language
Best way to reach you

Two or three sentences is plenty. We will ask the rest on the call.

Or call (505) 555-0142. We do not sell or share what you send.