Resource Page:  The Ethics of Retirement

Informal Opinion 2022-02

Question: Attorney is considering retiring from the practice of law and is trying to determine if Attorney should change Attorney’s license to inactive status. Attorney would still like to represent family and friends with legal issues, and maybe engage in pro bono work. What license status should Attorney maintain?

Answer: Since Attorney still would like to represent family and friends with legal issues, and maybe engage in pro bono work, Attorney should maintain a full Category 1 license pursuant to Rule 6.01. If Attorney were to seek inactive status pursuant to Rule 6.03, Attorney would not be permitted to represent family and friends, or engage in pro bono work, or Attorney would be engaged in the unauthorized practice of law pursuant to Rule 6.05 unless Attorney first sought to return to active status pursuant to Rule 6.06. If Attorney is over the age of seventy-five years or has been licensed to practice for fifty years or more, Attorney may be exempt from paying either a Category 1 or inactive fee pursuant to Rule 6.01(d). If Attorney only wishes to engage in pro bono work upon retirement, Attorney should review Rule 6.01(o) to determine if Attorney would like to seek a waiver of the annual enrollment fee to solely provide pro bono legal services to an approved legal assistance organization. Attorney should also consider MCLE requirements pursuant to Rule 15.

Informal Opinion 2020-02

QUESTIONS: Is a retired lawyer exempt from paying the annual enrollment fee? Is a retired lawyer able to work as a paralegal? Is a retired lawyer exempt from reporting Continuing Legal Education hours?

ANSWER: There is no “retired” enrollment status in Missouri. A Missouri lawyer who ceases to practice law in Missouri may elect to become inactive pursuant to Rule 6.03 and pay an annual inactive fee. Inactive lawyers are prohibited from engaging in the practice of law or the doing of a law business in Missouri. Rule 6.05. Whether work as a paralegal by a lawyer whose license is inactive constitutes the unauthorized practice of law is a question of law and fact outside the scope of the Rules of Professional Conduct. In Missouri the judiciary is the sole arbiter of what constitutes the practice of law. Generally, a lawyer who is not permitted to practice law because the lawyer’s license is inactive is permitted to do law-related work that a nonlawyer, such as a paralegal, is permitted to perform. However, inactive lawyers working as paralegals must exercise caution. It can be difficult for an experienced lawyer to refrain from providing legal services, even when the lawyer’s title is that of legal assistant or paralegal. An inactive lawyer may apply for return to active status under Rule 6.06. A Missouri lawyer in good standing is exempt under Rule 6.01(d) from paying annual enrollment fees or inactive fees if the lawyer has been licensed to practice in Missouri for fifty years or more or has reached the age of seventy-five years. Rule 15, Continuing Legal Education, governs whether a lawyer is required to complete or report Continuing Legal Education (CLE) credit hours. Questions about what constitutes the active practice of law in Missouri for purposes of Rule 15 should be directed to The Missouri Bar.