20000029 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000029

Rules: 4–5.5

Law Firms and Associations

Unauthorized Practice of Law; Multijurisdictional Practice of Law

QUESTION: Attorney is still active in the practice of law by doing primarily volunteer work for programs sponsored by the IRS. Attorney does not receive fees for performing such services but Attorney is reimbursed for out-of-pocket expenses. Does this volunteer work as a Kansas attorney constitute the practice of law in Missouri?
ANSWER: If the tax services Attorney performs in Missouri involve anything more than placing information from taxpayers on the IRS forms, Attorney would need to pay the fee for attorneys practicing in Missouri. In other words, any activity involving legal advice or representation would place Attorney in the category of attorneys practicing in Missouri. There is no exception for providing legal services without compensation.

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.

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