Can non-lawyer law students sell legal-research services to lawyers and law firms without it being the unauthorized practice of law?

Plain-English summary

A group of law students presented a brochure for a research business and asked whether "legal research" constitutes the practice of law. The Commission first noted that the Alabama Code and case law define what acts constitute the practice of law, and that it can neither expand nor interpret those statutes or decisions, so it could not address the question in formal Rule 14 fashion (the requesters were not licensed lawyers).

Offering its guidance nonetheless, the Commission observed that the brochure included a disclaimer stating that no research or service constitutes a legal opinion, that the services are not provided by licensed attorneys, and that they only constitute a transmittal of information from the research business to licensed attorneys. Because the services were offered to lawyers and law firms rather than to the general public, the Commission discerned no meaningful distinction between them and the services provided by various non-lawyer employees of law firms; the students were non-lawyers seeking work as independent contractors from licensed providers of legal services, not from individuals in need of legal services. With the understanding that the Commission can only apply the law as set by the Legislature or defined by the courts, it concluded the brochure and the services described are permissible and do not constitute the unauthorized practice of law. It attached the portion of the Alabama Code defining the practice of law.

Currency note

This opinion was issued in 1990, before the Alabama State Bar's January 1, 1991 adoption of the Rules of Professional Conduct and the 2002 Ethics 2000 revisions to the ABA Model Rules. The unauthorized-practice question is now framed by Rule 5.5, and a lawyer's responsibility for non-lawyer assistants by Rule 5.3, while the statutory definition of the practice of law (§34-3-1, §34-3-6) remains a matter of state law. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can law students sell research services to lawyers without committing the unauthorized practice of law?

A: Per the opinion, yes, where the business markets only to lawyers and law firms and discloses that its work is not a legal opinion and is only a transmittal of information to licensed attorneys.

Q: Why did marketing to lawyers rather than the public matter?

A: The opinion reasoned the students were seeking work from licensed providers of legal services, not from individuals needing legal services, so the Commission saw no meaningful difference between them and a firm's own non-lawyer employees.

Q: Did the Commission decide what counts as the practice of law?

A: No. The opinion stressed that the practice of law is defined by the Alabama Code and the courts, which the Commission can neither expand nor interpret, and it offered this as informal guidance rather than a formal Rule 14 opinion.

Background and rules framework

The opinion turned on the Alabama statutory definition of the practice of law (§34-3-1 and §34-3-6, Code of Alabama 1975), which the Commission applied without expanding. The unauthorized-practice concern is now framed by Rule 5.5, and a lawyer's duty to supervise non-lawyer assistants by Rule 5.3.

Citations and references

Rules of Professional Conduct:

• Unauthorized practice now framed by Model Rule 5.5; non-lawyer assistants by Model Rule 5.3

Statutes:

• §34-3-1, Code of Alabama (1975) (unlawful practice of law)
• §34-3-6, Code of Alabama (1975) (statutory definition of the practice of law), attached to the opinion

See also

• AL Ethics Op. 1986-52: out-of-state in-house counsel and the unauthorized practice of law
• AL Ethics Op. 1990-01: business cards for non-lawyer staff
• AL Ethics Op. 2014-01: a non-lawyer may not represent a party in court-ordered arbitration

Source

• Landing page: https://www.alabar.org/office-of-general-counsel/formal-opinions/1990-04/
• Original PDF: https://www.alabar.org/assets/2019/02/RO-90-04.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative. The opinion reproduced below was followed in the official source by the text of §34-3-1 and §34-3-6, Code of Alabama, with their published annotations.

ETHICS OPINION

RO-90-04

QUESTION:

A brochure has been presented by a group of law students who wish to advertise a research business. Their query concerns whether "legal research" constitutes the practice of law.

ANSWER:

The Code of Alabama and case law in the State of Alabama define what acts constitute the practice of law. The Disciplinary Commission can neither expand nor interpret those statutes or case decisions and accordingly cannot address, in formal fashion, the question posed.

It is noted that the brochure advertising the services to be offered includes a disclaimer that states as follows:

"No research or services rendered by Legal Eagles Research constitutes a legal opinion. Our services are not provided by licensed attorneys and only constitutes a transmittal of information from Legal Eagles Research to licensed attorneys."

It is further noted that the services are offered to lawyers and law firms and not to the general public. As such, and within the limits described in the offering brochure, the Disciplinary Commission can discern no meaningful distinction between the services offered herein and those services provided by various non-lawyer employees of law firms. The individuals requesting this opinion are non-lawyers and are seeking employment as independent contractors. They do not seek employment from individuals in need of legal services but rather seek employment from licensed providers of legal services, i.e. lawyers and law firms.

Accordingly, and with the understanding that the Commission can only apply the law as promulgated by the Legislature or defined by the Courts of this State, it is the opinion of the Disciplinary Commission that the brochure and the services described therein are permissible and do not constitute the unauthorized practice of law.

ADDITIONAL INFORMATION:

This opinion is not rendered pursuant to Rule 14 in that those requesting the opinion are not licensed members of the profession. Nonetheless, in an effort to provide clear guidance the Commission does offer its informal opinion as stated hereinabove. In addition, the Commission attaches hereto and makes a part hereof that portion of the Code of the State of Alabama that defines the practice of law.

AWJ/vf

1/18/90