HB 89

Sponsor
Session
Regular Session 2018
Title
Attorneys, with special licenses, authorized to do pro bono work, Sec. 34-3-6 am'd.
Description

To amend Section 34-3-6, Code of Alabama 1975, relating to the practice of law, to provide that an attorney who holds a special law license may provide pro bono legal services organized through or recognized by the Alabama State Bar Association.

Subjects
Attorneys
View Original PDF: HB 89 - Engrossed - PDF

To amend Section 34-3-6, Code of Alabama 1975, relating to the practice of law, to provide that an attorney who holds a special law license may provide pro bono legal services organized through or recognized by the Alabama State Bar Association.

Section 1

Section 34-3-6, Code of Alabama 1975, is amended to read as follows:

§34-3-6.

(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 unless otherwise prohibited by his or her employer, which participation may not be considered the private practice law."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 27, 2018HForwarded to Governor on March 27, 2018 at 6:09 p.m. on March 27, 2018.
March 27, 2018HForwarded to Governor on March 27, 2018 at 6:09 p.m. on March 27, 2018.
March 27, 2018HAssigned Act No. 2018-561.
March 27, 2018HClerk of the House Certification
March 27, 2018HEnrolled
March 27, 2018SSignature Requested
March 27, 2018HPassed Second House
March 27, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1198
March 27, 2018SThird Reading Passed
March 21, 2018SRead for the second time and placed on the calendar
March 20, 2018SRead for the first time and referred to the Senate committee on Judiciary
March 15, 2018HEngrossed
March 15, 2018HMotion to Read a Third Time and Pass adopted Roll Call 855
March 15, 2018HMotion to Adopt adopted Roll Call 854
March 15, 2018HJudiciary Amendment Offered
March 15, 2018HThird Reading Passed
February 1, 2018HRead for the second time and placed on the calendar 1 amendment
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
2018-03-27
Chamber: Senate
Result: Passed
2018-03-15
Chamber: House
Result: Passed
2018-03-15
Chamber: House
Result: Passed
2018-02-08
Chamber: House
Result: Passed
2018-01-23
Chamber: Senate
Result: Passed