Alabama State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Alabama State Bar, with full citations and source links on every page.
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What are an Alabama lawyer's ethical duties when using AI tools like ChatGPT in legal practice?
AI creates no new ethical duties but recontextualizes existing ones. An Alabama lawyer must independently verify AI output, safeguard client data, supervise AI as a nonlawyer assistant, bill only for …
Can a non-lawyer represent a party in a court-ordered arbitration in Alabama, and what must a lawyer do if one tries?
No. Absent a statute allowing it, a non-lawyer representing a party in a court-ordered arbitration in Alabama commits the unauthorized practice of law, and a lawyer involved must bring the issue to th…
Can an Alabama lawyer share legal fees with an accountant or other non-lawyer for referring or working on a BP oil-spill claim?
No. Prosecuting a BP claim is the practice of law, so sharing the fee with a non-lawyer, or paying a non-lawyer for the referral, violates Rules 5.4(a), 5.5, and 7.2(c).
Can an Alabama lawyer advertise the ability to communicate in a foreign language when a nonlawyer employee, not the lawyer, will actually do the communicating?
Yes, but the advertisement must make clear that the employee, not the lawyer, will communicate in the foreign language. Any Rule 7.2(e) disclaimer must appear in the advertised language (and in Englis…
Can a liability insurer's salaried staff lawyer represent the insurer's insureds in Alabama, and what must the lawyer disclose?
Yes. A full-time staff lawyer for a liability insurer may defend the insurer's insureds where the insured's and insurer's interests are fully aligned and the insurer has a direct financial interest, b…
Can an Alabama law firm form a partnership or affiliation with foreign (non-U.S.) lawyers?
Yes. A foreign lawyer who is a member of a recognized legal profession in the foreign jurisdiction is not a 'nonlawyer' under Rule 5.4, so an Alabama firm may affiliate, form a partnership, or practic…
Can a title or finance company collect 'settlement fees' for legal work its in-house counsel performs at real estate closings, instead of attorney's fees?
No. The opinion concluded that a company collecting fees for legal work performed by its in-house counsel is splitting legal fees with a nonlawyer entity in violation of Rule 5.4(a), and renaming the …
Can a title company owned by a bank prepare closing documents and charge for them using in-house attorneys, and have nonlawyer branch staff conduct the closings?
The opinion concluded that legal documents may be prepared only by or under the direct supervision of licensed attorneys, but if the company charges for that legal work it engages in the unauthorized …
Can a collections lawyer sell his existing client accounts to a collection agency he partly owns and route new business through it?
The opinion concluded a lawyer may own a collection agency that pursues lawful collection methods, but he may not sell or 'sub-contract' his legal collection accounts to an agency he partly owns or ro…
Can non-lawyer law students sell legal-research services to lawyers and law firms without it being the unauthorized practice of law?
The opinion concluded that a law-student legal-research business that markets only to lawyers and law firms (not the public), and discloses that its work is not a legal opinion and is merely a transmi…
Can a lawyer who has since been suspended or disbarred still collect fees earned for work done while he was still licensed?
The opinion concluded a suspended or disbarred lawyer may receive, after the date of suspension or disbarment, legal fees to which he was entitled for work performed before that date, and a bankruptcy…
Can a company hire a lawyer licensed only in another state as in-house counsel in Alabama without that lawyer passing the Alabama bar?
The opinion concluded an attorney admitted in another state but not in Alabama may work as a corporation's full-time in-house counsel doing legal work exclusively for the employer without committing t…
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Legal ethics opinions from the Alabama State Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.