(a) Only such persons as are regularly licensed have authority to practice law.
(b) For the purposes of this chapter, the practice of law is defined as follows:
Whoever,
(1) In a representative capacity appears as an advocate or draws papers, pleadings, or documents, or performs any act in connection with proceedings pending or prospective before a court or a body, board, committee, commission, or officer constituted by law or having authority to take evidence in or settle or determine controversies in the exercise of the judicial power of the state or any subdivision thereof; or
(2) For a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect, advises or counsels another as to secular law, or draws or procures or assists in the drawing of a paper, document, or instrument affecting or relating to secular rights; or
(3) For a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect, does any act in a representative capacity in behalf of another tending to obtain or secure for such other the prevention or the redress of a wrong or the enforcement or establishment of a right; or
(4) As a vocation, enforces, secures, settles, adjusts, or compromises defaulted, controverted, or disputed accounts, claims, or demands between persons with neither of whom he or she is in privity or in the relation of employer and employee in the ordinary sense; is practicing law.
(c) Nothing in this section shall be construed to prohibit any person, firm, or corporation from attending to and caring for his, her, or its own business, claims, or demands, nor from preparing abstracts of title, certifying, guaranteeing, or insuring titles to property, real or personal, or an interest therein, or a lien or encumbrance thereon, but any such person, firm, or corporation engaged in preparing abstracts of title, certifying, guaranteeing, or insuring titles to real or personal property are prohibited from preparing or drawing or procuring or assisting in the drawing or preparation of deeds, conveyances, mortgages, and any paper, document, or instrument affecting or relating to secular rights, which acts are hereby defined to be an act of practicing law, unless such person, firm, or corporation shall have a proprietary interest in such property; however, any such person, firm, or corporation so engaged in preparing abstracts of title, certifying, guaranteeing, or insuring titles shall be permitted to prepare or draw or procure or assist in the drawing or preparation of simple affidavits or statements of fact to be used by such person, firm, or corporation in support of its title policies, to be retained in its files and not to be recorded.
(d) Only a person who is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, may be licensed to practice law in this state.
(e) Each attorney licensed to practice law in the State of Alabama, whether the license is a special or a regular license, may provide pro bono legal services organized through or recognized by the Alabama State Bar Association.
(Code 1852, §729; Code 1867, §816; Code 1876, §780; Code 1886, §853; Code 1896, §579; Code 1907, §2983; Code 1923, §6248; Acts 1927, No. 573, p. 669, §1; Acts 1931, No. 493, p. 606, §1; Code 1940, T. 46, §42; Acts 1949, No. 167, p. 194, §1; Act 2011-170, p. 329, §3; Act 2018-561, §1.)
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 1979–2025 · leading case:
Ex Parte Ghafary, 738 So. 2d 778 (Ala. 1999).
Ex Parte Ghafary, 738 So. 2d 778 (Ala. 1999).
· cites it 6× “NOTES [1] Donna Stewart's participation in the preparation of the complaint, her signing of the complaint, and her filing of the complaint on behalf of the estate constitute the practice of law under Ala.Code 1975, § 34-3-6. See Black v. Baptist Medical Center, 575 So.”
Godwin v. State Ex Rel. McKnight, 784 So. 2d 1014 (Ala. 2000).
· cites it 6× “Godwin makes a number of arguments concerning the alleged dubiousness of requiring the State to license attorneys, and he raises unfounded doubts about the constitutionality of Ala.Code 1975, § 34-3-6. However, if § 34-3-6 needs to be amended to allow nonlicensed attorneys to…”
Stewart v. Korn, 738 So. 2d 778 (Ala. 1998).
· cites it 6× “Donna Stewart's participation in the preparation of the complaint, her signing of the complaint, and her filing of the complaint on behalf of the estate constitute the practice of law under Ala.Code 1975, § 34-3-6. See Black v. Baptist Medical Center, 575 So.”
Dobyne v. State, 4 So. 3d 506 (Ala. Civ. App. 2008).
· cites it 2× “We note that Dobyne phrases large portions of his argument as if he were presenting an argument on behalf of his father (and perhaps his sister); however, as a pro se litigant, Do-byne is prohibited from representing the interests of his father (or his sister) on appeal, because…”
Watkins v. St. Paul Fire & Marine Ins. Co., 376 So. 2d 660 (Ala. 1979).
“Her only wrong consists in her confidence in a lawyer who had represented her in various matters over a period of years and who had recently effected a substantial recovery of damages for the wrongful death of her husband.”
Ex Parte Williams, 2100653 (ala.civ.app. 9-23-2011), 89 So. 3d 135 (Ala. Civ. App. 2011).
· cites it 3× “The Authority also argues that Rogers did not engage in the practice of law as defined by Ala.Code 1975, § 34-3-6, because, it says, she did not actually draft the unlawful-detainer complaint but, instead, used the Form C-59 complaint form provided by the Unified Judicial System.”
In Re O'Dell, 251 B.R. 602 (Bankr. N.D. Ala. 2000).
· cites it 2× “” Ala.Code § 34-3-6(b)(l). Under this definition, the practice of law, as enacted by the State Legislature of the State of Alabama, would encompass the acts of drafting, preparing, and the filing of a proof of claim.”
McFarland v. Folsom, 854 F. Supp. 862 (M.D. Ala. 1994).
“The plaintiff in his complaint challenges Code of Alabama § 34-3-1 (regulating the unlawful practice of law), § 34-3-2 (establishing the board of bar examiners), § 34-3-6 (defining the practice of law and who may practice as attorneys), and § 34-3-40 (establishing the board of…”
Kennedy v. State, 186 So. 3d 507 (Ala. Crim. App. 2015).
“The circuit court explained to Kennedy that § 34-3-6, Ala.Code 1975, precludes a nonlawyer from representing him in court.”
Beasley v. Poole, 63 So. 3d 647 (Ala. Civ. App. 2010).
· cites it 2× “” Thus, Audra’s preparation of the briefs submitted on behalf of Alma constitutes the unauthorized practice of law under § 34-3-6. 2 The supreme court has held that a pleading filed by a nonattorney who is *650 engaging in the unauthorized practice of law by purporting to…”
Ala. Code § 34-3-6(a): 5 cases
Ex Parte Ghafary, 738 So. 2d 778 (Ala. 1999).
“NOTES [1] Donna Stewart's participation in the preparation of the complaint, her signing of the complaint, and her filing of the complaint on behalf of the estate constitute the practice of law under Ala.Code 1975, § 34-3-6. See Black v. Baptist Medical Center, 575 So.”
Stewart v. Korn, 738 So. 2d 778 (Ala. 1998).
“Donna Stewart's participation in the preparation of the complaint, her signing of the complaint, and her filing of the complaint on behalf of the estate constitute the practice of law under Ala.Code 1975, § 34-3-6. See Black v. Baptist Medical Center, 575 So.”
Beasley v. Poole, 63 So. 3d 647 (Ala. Civ. App. 2010).
“” Thus, Audra’s preparation of the briefs submitted on behalf of Alma constitutes the unauthorized practice of law under § 34-3-6. 2 The supreme court has held that a pleading filed by a nonattorney who is *650 engaging in the unauthorized practice of law by purporting to…”
Ala. Code § 34-3-6(b): 1 case
Godwin v. State Ex Rel. McKnight, 784 So. 2d 1014 (Ala. 2000).
“Godwin makes a number of arguments concerning the alleged dubiousness of requiring the State to license attorneys, and he raises unfounded doubts about the constitutionality of Ala.Code 1975, § 34-3-6. However, if § 34-3-6 needs to be amended to allow nonlicensed attorneys to…”
Ala. Code § 34-3-6(b)(1): 1 case
Ala. Code § 34-3-6(b)(l): 1 case
In Re O'Dell, 251 B.R. 602 (Bankr. N.D. Ala. 2000).
“” Ala.Code § 34-3-6(b)(l). Under this definition, the practice of law, as enacted by the State Legislature of the State of Alabama, would encompass the acts of drafting, preparing, and the filing of a proof of claim.”
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