Alabama Multijurisdictional Practice (MJP)

Rule 5.5 (Unauthorized Practice of Law) and Rule 8.5 (Jurisdiction) of the Alabama Rules of Professional Conduct address multijurisdictional practice in Alabama. For general background, see the MJP hub.

Alabama’s Rule 5.5 is not identical to the ABA Model Rule 5.5. Out-of-state lawyers generally may not establish a permanent Alabama office for the practice of law or hold themselves out as Alabama-admitted.

Temporary or incidental practice

Subject to Rule VII (pro hac vice), a lawyer admitted and in good standing in another U.S. jurisdiction (and not disbarred or suspended) does not engage in unauthorized practice when providing temporary or incidental services in Alabama, including:

• Nonlitigation services that arise out of or are reasonably related to the lawyer’s home-jurisdiction practice (Rule 5.5(b)(1)).
• ADR services in or reasonably related to a pending or potential arbitration, mediation, or other ADR proceeding in Alabama or elsewhere (Rule 5.5(b)(2)).

Comments distinguish incidental home-practice work (for example, depositions tied to an out-of-state matter, recording Alabama deeds, or obtaining signatures for transactions centered elsewhere) from systematic, continuous representation wholly within Alabama.

House counsel and other authorized practice

Practice by an attorney registered as authorized house counsel under Admission Rule VIII is expressly contemplated under Rule 5.5. Lawyers may also render services authorized by Alabama law, court rule, or federal law (Rule 5.5(c)).

Rule 8.5 (jurisdiction)

Alabama-admitted lawyers remain subject to Alabama discipline while practicing elsewhere. Alabama’s Rule 8.5 differs from the ABA Model Rule; confirm the current text and comments in the official PDFs before relying on choice-of-law analysis.