Alabama House Counsel

Rule VIII of the Rules Governing Admission to the Alabama State Bar governs authorization of authorized house counsel. Eligible out-of-state attorneys may practice law in Alabama for a qualifying business organization without taking the Alabama bar exam. Confirm current forms, fees, and checklists on the Alabama State Bar admissions site.

Eligibility
Authorized house counsel generally must:

  • Be licensed and in good standing in another U.S. state, territory, or the District of Columbia (but not a member of the Alabama State Bar).
  • Not be subject to pending discipline, disbarment, or a permanent character-and-fitness denial in any jurisdiction.
  • Be employed (or relocating within six months to be employed) exclusively by a qualifying “business organization” authorized to transact business in Alabama, and receive compensation for legal work for that organization.

A business organization includes a corporation, partnership, association, or other legal entity (with parents, subsidiaries, and affiliates) that is not itself engaged in practicing law or selling legal services to third parties. Government entities and tax-levying bodies are excluded.

Practice
Services are limited to the business organization, including advice to directors, officers, employees, and agents about the organization’s affairs; negotiating and documenting organization matters; and representing the organization before administrative agencies when disclosure and agency rules allow. Court appearances generally require pro hac vice or other specific authorization. Personal representation of individuals affiliated with the organization and third-party legal opinions are restricted. Counsel remains subject to Alabama disciplinary rules.

Application, renewal, and termination
File the Authorized House Counsel application, employer certificate, and supporting documents with the Alabama State Bar. Annual registration is required. Authorization ends on events such as employment termination (with limited carryover if re-employed within 30 days and a new certificate is filed), withdrawal of certification, relocation outside Alabama beyond the rule’s limit, or discipline in another jurisdiction. Notify the Bar within 30 days of cessation events. See also Alabama MJP (Rule 5.5) for temporary/incidental practice and house-counsel overlap.