Informal Opinion Number: 20000013

QUESTION: Does a hearing chair, empowered by the Department of Elementary and Secondary Education to preside over a due process hearing under the Individuals with Disabilities Education Act and the Missouri State Plan, have the authority to grant a Motion to Appear Pro Hac Vice just as in any other “court” or entity? May the attorney then appear in his or her usual and customary manner as representative of the client with local counsel without concern that he or she is engaging in the unauthorized practice of law?
ANSWER: This opinion does not address the authority of the Department of Elementary and Secondary Education. However, if the non-Missouri attorney files a statement under Rule 9.03 that is granted by the DESE panel, the non-Missouri attorney would not be engaging in the unauthorized practice of law in Missouri. Therefore, Attorney would not be assisting in the unauthorized practice of law by acting as local counsel.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

© Copyright 2024