Question: A Missouri licensed lawyer who lives out-of-state and is registered as a Category 3 Non-Resident Member of The Missouri Bar, asks if it is permissible to practice law in Missouri?

Answer: While this office can only provide informal advisory opinions regarding Rules 4, 5, and 6, this opinion references Missouri Supreme Court Rule 9.01, Authorized Practice of Law, as it is directly related to interpretations of Rule 6.01(j) and (m) on registrations categories available to members of The Missouri Bar and fees associated therewith. Pursuant to Missouri Supreme Court Rule 9.01, a nonresident, active, lawyer who is a member of The Missouri Bar “may practice law or do a law business in this state” if the lawyer “is not currently suspended or disbarred and has paid or is exempt from the requisite enrollment fee pursuant to Rule 6.01.” If the lawyer has “paid a reduced annual enrollment fee pursuant to Rule 6.01(j)(3) because they do not practice or have employment in this state [the lawyer] must pay the remainder of the full annual enrollment fee required under Rule 6.01(m)(1) before being authorized to practice law or do a law business in this state.” Rule 9.01. The nonresident lawyer must change registration status with the Clerk of the Court from Category 3 to Category 1 and pay the proper fee to practice law or do a law business in Missouri.

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/.

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