20010014 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri



Informal Opinion Number: 20010014

Rules: 9.03

Subject: Visiting Attorney Appearing in a Particular Case (a.k.a. Pro Hac Vice)

Summary: lawyer located in Missouri seeking bar admission cannot apply for Pro Hac Vice admission

QUESTION: Attorney has been practicing law in another state for more than five years. Attorney’s application for admission to the Missouri Bar is currently pending. Attorney filed the application pursuant to Rule 8.10 and has recently accepted employment with a firm located in Missouri. Until Attorney becomes admitted, Attorney will assist other attorneys in the office with their cases. Until Attorney’s application is fully processed, Attorney would like to appear and participate in a limited number of actions pursuant to Rule 9.03. Would it be an ethical violation to do so?

ANSWER: Rule 9.03 applies to visiting attorneys. Because Attorney has relocated to Missouri, Attorney is not considered visiting and it would not be permissible for Attorney to practice in Missouri pursuant to Rule 9.03.

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.

Request an Informal Opinion.