Rule 36 Unauthorized practice of law proceeding.

When it comes to the attention of the Office of General Counsel, the Disciplinary Commission, the Disciplinary Board, or Committee on the Unauthorized Practice of Law that any person or entity not admitted to practice law in the State of Alabama is directly or indirectly practicing law, the Office of General Counsel, the Disciplinary Commission, the Disciplinary Board, or the Committee on the Unauthorized Practice of Law shall have the authority to call for investigation of the matter. The Office of General Counsel may participate in any such investigation, even if it did not instigate the investigation. The Office of General Counsel, the Disciplinary Board, the Disciplinary Commission, or the Committee shall have the authority to subpoena any person or entity to produce any evidence relevant to the investigation, including testimony by deposition pursuant to the Alabama Rules of Civil Procedure. Any motion to quash a subpoena shall be filed with, and decided by, the Disciplinary Commission, subject to review by the Alabama Supreme Court. If it is determined that any person or entity has engaged in the unauthorized practice of law, a cease-and-desist letter shall be sent by certified mail, return receipt requested, to the person's or entity's last known address, requesting that the person or entity discontinue the unauthorized practice of law and requiring that the person or entity execute an affidavit indicating that they have ceased the unauthorized practice. If a future violation occurs, and the Office of General Counsel, the Disciplinary Board, the Disciplinary Commission, or the Committee on the Unauthorized Practice of Law believe that action should be taken, a petition shall be filed in the name of the Alabama State Bar for an order to show cause why the person or entity should not be held in contempt for the unauthorized practice of law with the circuit court in the county where the person resides or the entity has its main office or where the conduct constituting the unauthorized practice of law occurred. The circuit court shall docket the petition and issue an order against the alleged offender to show cause why the offender should not be held in contempt for the unauthorized practice of law.

(1) A response to the order to show cause shall be filed not later than fifteen (15) days following service.

(2) If the respondent fails to file a response on the order's return day or files a response admitting the offense, the order shall be made absolute and the circuit court shall enter such orders as it deems appropriate to deter and punish, which may include injunctive relief or punishment for contempt.

(3) If the respondent timely files a response denying the offense, the circuit court shall within twenty (20) days refer the case to a Disciplinary Board, which shall thereupon hold a hearing within sixty (60) days at such time and place as may be fixed by order of the Disciplinary Board. At that hearing the Alabama State Bar shall be represented by the Office of General Counsel. The parties may obtain compulsory attendance of witnesses and the production of documents as provided in these Rules. The Disciplinary Board, at the conclusion of the hearing, may permit the parties to file briefs, which briefs shall be filed within thirty (30) days, and shall submit a report to the circuit court containing written findings of fact and recommendations as to disposition and punishment within thirty (30) days after the briefs are filed.

(4) Upon the filing of the Disciplinary Board's report, the circuit court may permit the parties to file briefs or it may dispose of the matter summarily and it shall enter such orders as may be appropriate.

(5) If the respondent is adjudged guilty, the respondent shall be liable for all court costs and shall be subject to the injunctive and/or contempt powers of the circuit court.

(6) Unless otherwise provided by these rules, the proceedings shall be governed by the Alabama Rules of Civil Procedure.

(7) Appeals of a decision of the circuit court in a proceeding brought under this rule shall be taken in accordance with the Alabama Rules of Appellate Procedure.

[Added eff. 8-1-2000.]

Note from the reporter of decisions: The order adopting Rule 36, effective August 1, 2000, is published in that volume of Alabama Reporter that contains Alabama cases from 753 So.2d.

Appendix A.

Appendix A.

Petition for Reinstatement.

Petitions for reinstatement shall be addressed to the General Counsel and eight (8) copies filed with the Disciplinary Clerk of the Alabama State Bar.

(a) The petition shall be sworn and shall contain the following information:

(1) Name, age, residence, address, and number and relation of dependents of the petitioner;

(2) A statement showing all residences maintained since the effective date of the petitioner's suspension, or disbarment, or disability inactive status, with names and addresses of landlords, if any;

(3) The nature of the petitioner's occupation in detail since the effective date of the petitioner's suspension, disbarment, or disability inactive status, with names and addresses of all partners, associates in business, and employers, if any, and exact dates and duration of all such relations and employments;

(4) A statement showing the approximate monthly earnings and other income of the petitioner, and the sources from which all such earnings and income were derived during since the effective date of the petitioner's suspension, disbarment, or disability inactive status.

(5) Copies of federal and state income tax returns filed by the petitioner during since the effective date of his or her suspension, disbarment, or disability inactive status, including all tax returns filed within one year prior to the filing or hearing of the petition, whichever is later, together with the petitioner's written consent to the Disciplinary Board to secure the originals of said returns from the proper agency of the Treasury Department of the United States or the Department of Revenue of the State;

(6) A statement showing all claimed or admitted financial obligations of the petitioner at the date of filing the petition, together with the dates when the obligations were incurred and the names and addresses of all creditors;

(7) A statement showing the dates, general nature, and final disposition of every civil action wherein the petitioner was either a plaintiff or a defendant or in which he or she had or claimed an interest, together with the dates of filing of complaints, titles of courts and causes, and the names and addresses of all plaintiffs and defendants, names and addresses of lawyers for such parties and of the trial judge, or judges, and the names and addresses of all witnesses who testified in such action or actions;

(8) A statement showing dates, general nature, and ultimate disposition of every matter involving the arrest or prosecution of the petitioner since the effective date of his or her suspension, disbarment, or disability inactive status for any crime, whether felony or misdemeanor, together with the names and addresses of complaining witnesses, prosecutors, and trial judges;

(9) A statement as to whether any applications were made since the effective date of the petitioner's suspension, disbarment, or disability inactive status for a license requiring proof of good character for its procurement; and, as to each application, the dates, the names, and the addresses of the authorities to whom each application was addressed and the disposition thereof;

(10) A statement of any procedure or inquiry since the effective date of the petitioner's suspension, disbarment, or disability inactive status concerning the petitioner's standing as a member of any profession or organization, or holder of any license or office, which involved the censure, removal, suspension, revocation of license, or discipline of the petitioner; and, as to each, the dates, facts, and disposition thereof, and the name and address of the authority in possession of the records thereof;

(11) A statement of facts claimed by the petitioner to justify reinstatement.

(b) The petition for reinstatement shall be accompanied by affidavits of the clerks and registers of the courts in the several counties in which the petitioner has resided since the effective date of his or her suspension, disbarment, or disability inactive status, establishing that he or she has not practiced in their respective courts during and since the period of his or her suspension, disbarment, or disability inactive status.

[Amended eff. 1-9-2004; Amended 9-20-2016, eff 1-1-2017.] Note from the reporter of decisions: The order amending Appendix “A,” effective January 9, 2004, is published in that volume of Alabama Reporter that contains Alabama cases from 862 So.2d.

Note from the reporter of decisions: The order amending Rule 8(a) and (b), Rule 10(a) and (b), Rule 17(f), Rule 18, Rule 26(h)(2), Rule 28(e), and Appendix A, Ala. R. Disc. P., effective January 1, 2017, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.