Title 34 — Title 34

No attorney who is in default in the payment of such annual license shall be recognized in the courts of Alabama or in the voting or transacting of business by the State Bar as being in good standing until he or she has paid the required annual license fee. History: (Code 1923, §…

(a) Only such persons as are regularly licensed have authority to practice law. (b) For the purposes of this chapter, the practice of law is defined as follows: Whoever, (1) In a representative capacity appears as an advocate or draws papers, pleadings, or documents, or performs …

In all actions and proceedings in the probate courts and circuit courts and other courts of like jurisdiction, where there is involved the administration of a trust, or where there is involved the sale of property for distribution, or where there is a partition in kind of real or…

(a) Attorneys-at-law shall have a lien on all papers and money of their clients in their possession for services rendered to them, in reference thereto, and may retain such papers until the claims are satisfied, and may apply such money to the satisfaction of the claims. (b) Upon…

Whenever any disagreement or controversy arises between an attorney-at-law and any other person respecting the amount of the compensation to which he or she is entitled by contract or otherwise and his or her retention of the same out of any funds in his or her hands, such attorn…

(a) The Executive Director of the Alabama State Bar may establish special funds to receive fees, grants, or contributions from municipal, county, state, federal, sponsor, business, or charitable sources, or any other source, to conduct studies, educate attorneys and public offici…

Abetting in Violation. Any person, firm or corporation who is not a regularly licensed attorney who does an act defined in this article to be an act of practicing law is guilty of a misdemeanor and, on conviction, must be punished as provided by law. Any person, firm or corporati…

Any person who practices law in any court in which he is clerk, deputy clerk or regularly employed to perform any of the ministerial duties thereof must, on conviction, be fined not less than $100. History: (Code 1876, §4144; Code 1886, §3942; Code 1896, §5128; Code 1907, §6315; …

The Board of Commissioners shall establish rules governing procedure in cases involving alleged professional misconduct of members of the State Bar. The grievance committee of the Alabama State Bar or the Grievance Committee of a circuit, county, or city association, established …

The rules and regulations adopted by the Board of Commissioners relative to disbarment shall not be effective until approved by the Supreme Court. History: (Acts 1923, No. 133, p. 100, §15; Code 1923, §6234; Acts 1931, No. 597, p. 683, §1; Code 1940, T. 46, §34.)

In the investigation of charges of professional misconduct, the board and any committee appointed by it for this purpose shall have power to summon and examine witnesses under oath and compel their attendance and the production of books, papers, documents, and other writings nece…

Any member of the bar complained of shall have notice and opportunity to defend by the introduction of evidence and the examination of witnesses called against him or her and the right to be represented by counsel. He shall also have the right to require the secretary to summon w…

The board shall by rules provided for such purpose and out of the funds herein provided for arrange for the payment of reasonable costs for the summoning of witnesses and the payment of their fees, which costs and fees shall be the same in amount as provided by law in civil cases…

A complete record of the proceedings and evidence taken by the board, committee, or commissioner shall be made and preserved by the board, but it may, where sufficient reason appears and the accused gives his or her consent, cause the same to be expunged. History: (Acts 1923, No.…

An attorney must be removed for the following causes by the circuit court: (1) Upon his or her being convicted of a felony other than manslaughter or of a misdemeanor involving moral turpitude, in either of which cases the record of his or her conviction is conclusive evidence. (…

For the following causes an attorney may be removed or suspended by the circuit court: (1) Upon its being shown, to the satisfaction of the court, that he or she has been guilty of any deceit or willful misconduct in his or her profession. (2) For a willful disobedience or violat…

Cumulative. The causes of removal or suspension of attorneys and methods of proceeding in reference to such removal or suspension are hereby declared to be cumulative with the right and power herein given to the Board of Commissioners to reprimand, suspend, exclude, or disbar att…

The proceedings to remove or suspend an attorney, as provided for in Sections 34- 3-86 and 34-3-87, may be taken by the court on its own motion or upon the motion of any third party. History: (Code 1852, §749; Code 1867, §883; Code 1876, §801; Code 1886, §871; Code 1896, §597; Co…

Any sheriff, coroner, or deputy thereof, or constable who practices law in any court of this state must, on conviction, be fined not less than $100. History: (Code 1886, §3943; Code 1896, §5129; Code 1907, §6316; Code 1923, §3312; Code 1940, T. 46, §57.)

This chapter shall be known and may be cited as the Auctioneers License Act. History: (Acts 1973, No. 811, p. 1236, §1.)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section: (1) AUCTIONEER. Any person who has graduated from an accredited auction school and has one year’s experience as an apprentice auctioneer or has two yea…

It shall be unlawful for any person, partnership, association, or corporation in any county of this state to act as an auctioneer or apprentice auctioneer, or directly or indirectly to engage or assume to engage in the auction business and act as either without first obtaining a …

Single Auction License; Continuing Education; Discharge of Apprentice; Change of Address; Inactive Status. (a) Any person desiring to enter into the auction business and obtain a license as an auctioneer or apprentice auctioneer shall make written application for a license to the…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-438 EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1973, No. 811, p. 1236, §12.)

The issuance of a license by the board shall be evidence that the person or business entity named therein is entitled to all the rights and privileges of an auctioneer or apprentice auctioneer while the license remains unrevoked or unexpired. History: (Acts 1973, No. 811, p. 1236…

Each application for an auctioneer’s or apprentice auctioneer’s license shall be accompanied by a bond in the amount of $10,000. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The b…

(a) An individual may become an auctioneer or apprentice auctioneer in this state by conforming to this chapter. If an auctioneer or apprentice auctioneer has a lawsuit or other legal action filed and pending against him or her in this or any other state, the board may not issue …

Each licensee must have a definite mailing address such as street name and number or RFD number. A post office box only will not be sufficient. History: (Acts 1973, No. 811, p. 1236, §19.)

Each auctioneer shall annually pay one state license in an amount not to exceed two hundred fifty dollars ($250). Each auctioneer shall also annually pay a county license fee of twenty-five dollars ($25) in each county where he or she sells by auction. No privilege license shall …

(a) Authority to transact business as an auctioneer under any license issued by the board shall be restricted to the person named in the license and may not inure to the benefit of any other person. (b) Where an auctioneer’s license shall be issued to an auction company that is d…

(a) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person containing evidence, documentary or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer, apprentice auctioneer, or any person who assumes to…

The provisions of this chapter and the terms “auctioneer,” “apprentice auctioneer,” “auction business or business of auctioneering,” as defined in Section 34-4-2, shall not apply to and shall not include any person acting as a receiver, trustee in bankruptcy, guardian, administra…

(a) The board may administer oaths and prescribe all necessary and reasonable rules for the conduct of a hearing. The board may take testimony of any person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure of courts o…

Action. Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any licensee engaging in the auction business, as herein described, shall file an action upon the claim against the licensee…

The revocation of an auctioneer’s license shall automatically suspend every apprentice auctioneer’s license granted to any person by virtue of his or her employment by the auctioneer whose license has been revoked. The apprentice auctioneer may retain his or her license by transf…

(a) Findings of the board with regard to the denial, suspension, or revocation of a license or the imposition of any penalty or administrative fine shall be final unless within 30 days after the date of the final order of the board, the applicant or licensee files a notice of app…

The Board of Auctioneers is hereby authorized and empowered to adopt, fix, and establish all rules and regulations necessary for the proper administration and enforcement of this chapter. History: (Acts 1973, No. 811, p. 1236, §7.)

No person engaged in the business of or acting in the capacity of an auctioneer or an apprentice auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or apprentice auctioneer witho…

Records. (a) The Governor shall appoint a State Board of Auctioneers to be comprised of seven auctioneer members and one consumer member. All appointments shall be for a term of five years, with each auctioneer member appointed being a resident of a different congressional distri…

Complaints. Each member of the board shall receive a certificate of appointment from the Governor before entering upon the discharge of the duties of his or her office. The board, or any committee thereof, shall be entitled to the services of the state Attorney General, in connec…

The board shall meet quarterly for the purpose of transacting business as may properly come before the board. Special meetings of the board shall be held at such times as the board may provide in the bylaws the board may adopt. A majority of the then appointed board members shall…

Members of the board shall each receive compensation in an amount of three hundred dollars ($300) per day and travel allowance as is paid to state employees for each day spent on work made necessary by this chapter. History: (Acts 1973, No. 811, p. 1236, §9; Acts 1988, No. 88-138…

The executive director of the board shall keep a record of the proceedings of the board. The board shall deposit all the funds received and credited by the board into the State Treasury into an account hereby established to be known as the “Alabama State Board of Auctioneers Fund…

No political subdivision of this state shall have the power or authority after September 5, 1973, to levy or collect any license tax from or to require the licensing in any manner of any auctioneer who has been licensed and bonded under this chapter in lieu of the license tax or …

(a) Any person violating this chapter, shall, upon conviction, be guilty of a Class A misdemeanor, subject to a fine or imprisonment, or both. (b) Any person, having previously been convicted for violating this chapter, who subsequently violates this chapter, shall, upon convicti…

“The practice of barbering,” as used in this chapter, is hereby defined to mean any one or combination of the following practices, when done upon the human male body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or ment…

The various fees to be paid by the applicants for original registration, original license, annual renewals, and examinations as required under this chapter shall be as follows: (1) For an examination to determine the qualifications of an applicant, $10. (2) For an examination to …

Every holder of a certificate of registration shall display same in a conspicuous place adjacent to or near his or her work chair in his or her place of employment. History: (Acts 1971, No. 403, p. 689, §12.)

All money, funds, and other receipts received by the board shall be deposited in a depository which shall be a bank within the state designated by the board. Such funds shall be expended for carrying out the purposes of this chapter and may be withdrawn on order of the executive …

There is hereby created the Alabama Board of Barber Examiners, to consist of five persons. Such board shall be appointed by the Governor of the State of Alabama, one person appointed for the term of one year, one person for a term of two years, one person for a term of three year…