20030078 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20030078

Rules: 4–5.5

Law Firms and Associations

Unauthorized Practice of Law; Multijurisdictional Practice of Law

Reference Notes:

Reference Note: Rule 8.115 referenced in this Informal Opinion was repealed effective October 1, 2003. Rule 8.06 now addresses temporary practice by lawyers applying for admission to the Missouri Bar. The reader should review Rule 8.06 in connection with this Informal Opinion.

QUESTION: Attorney is licensed in Illinois and attempting to become licensed in Missouri. Attorney’s office is located in Missouri. (1) Can Attorney practice Illinois law from the office in Missouri? (2) Can Attorney conduct any business for the Illinois practice from the Missouri office? If so, what activities can be performed from the Missouri office? (3) Can Attorney be included on Missouri office letterhead indicating attorney is licensed in Illinois only? (4) Can Attorney perform the functions of a paralegal or any other work with respect to cases pending in Missouri?
ANSWER: Questions 1. and 4. No, Attorney may not engage in conduct that constitutes the practice of law, while physically located in Missouri. However, Attorney may function as a law clerk or paralegal, as long as Attorney is not held out as an attorney in connection with those functions.
Question 2. Yes, Attorney may conduct business for the Illinois practice from the Missouri office, as long as Attorney’s conduct does not constitute the practice of law and Attorney does not state or imply that Attorney is licensed in Missouri.
Question 3. Yes.

Attorney could practice law in Missouri while waiting to take the Bar exam if Attorney obtains a temporary license under Missouri Supreme Court Rule 8.115.

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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