2024-02 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2024-02

Adoption Date: January 23, 2024

Rules: 4–5.5; 8.105; 8

Law Firms and Associations; Admission to the Bar

Unauthorized Practice of Law; Multijurisdictional Practice of Law; Limited Admission for In-House Counsel

Subject: In-House Counsel; Unauthorized Practice of Law; Multijurisdictional Practice of Law

Summary: Virtual practice by in-house counsel located outside Missouri for corporation located in Missouri; Missouri license required

Question: Lawyer is licensed in State A and will be working virtually from State A for a corporation that is located in Missouri. Is Lawyer required to seek admission in Missouri?

Answer: Yes. Rule 4 dash–5.5(b)(1) prohibits a lawyer from establishing an “office or other systematic and continuous presence in this jurisdiction for the practice of law.” Comment [4] to Rule 4 dash–5.5 notes that “[p]resence may be systematic and continuous even if the lawyer is not physically present here.” Per Rule 4 dash–5.5(d), a lawyer not licensed in Missouri that is providing legal services to the lawyer’s employer or organizational affiliates may seek a “limited license pursuant to Rule 8.105 or a general license pursuant to other provisions of Rule 8.” See also Informal Opinions 20030078, 980219, 980062, 980010, 970098, 960276, 960055, 940092, and 930152.

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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