Opinions of General Counsel, 0320 ALBJ, 81 The Alabama Lawyer 154 (2020)
| Position | Vol. 81 2 Pg. 154 |
Roman A. Shaul roman. shaul@ alabar.org
A Non-Lawyer May Not Represent a Party in a Court-Ordered Arbitration Proceeding in Alabama
QUESTION:
May a non-lawyer represent a party in a court-ordered arbitration proceeding in Alabama?
ANSWER:
No, absent a federal or state statute allowing such, the representation of a party by a non-lawyer in a court-ordered arbitration proceeding in Alabama would constitute the unauthorized practice of law. Moreover, a lawyer has an obligation to bring the matter of the non-lawyer's representation of a party to the attention of the arbitrator and where appropriate, to the attention of the court.
DISCUSSION:
The Disciplinary Commission of the Alabama State Bar has been asked to opine on whether the representation of a party by a non-lawyer in a court-ordered arbitration would constitute the unauthorized practice of law by the non-lawyer and, if so, what duties would an attorney involved in the matter as an arbitrator or lawyer have to raise such issue in the arbitration or before the court. By way of background, Canon IV(C) of the Alabama Code of Ethics for Arbitrators and the American Arbitration Association Code of Ethics provides that "[t]he arbitrator should not deny any p arty the opportunity to be represented by counsel or by any other person chosen by the party." Some have interpreted this provision as allowing the representation of a party to an arbitration by a non-lawyer. However, the preamble to the Alabama Code of Ethics for Arbitrators also states that all provisions of the Code should be read in conjunction with applicable law. In addition, Rule 26 of the American Arbitration Association Commercial Arbitration Rules and Mediation Procedures states that a party may be represented by "any other representative of the party's choosing, unless such choice is prohibited by law."
As such, the question then becomes whether a non-lawyer may represent a party during an arbitration in Alabama or whether such representation would constitute the unauthorized practice of law. As a starting point, Rule 5.5, Ala. R. Prof. C, provides as follows: Rule 5.5.
Unauthorized Practice of Law.
(a) A lawyer shall not:
(1) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
(2) assist a person who is not a member of the bar in the...
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