2024-03 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2024-03

Adoption Date: January 23, 2024

Rules: 4–5.5

Law Firms and Associations

Unauthorized Practice of Law; Multijurisdictional Practice of Law

Subject: Unauthorized Practice of Law; Multijurisdictional Practice of Law

Summary: Virtual practice of law of another jurisdiction from Missouri, but not licensed in Missouri; Missouri license required

Question: Lawyer is licensed in State A but lives in Missouri. Lawyer is not licensed in Missouri. Lawyer plans to work for a law firm located in State A from Lawyer’s home office 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.” That includes the practice of law of State A from Missouri. Lawyer does not meet any of the exceptions in 4 dash–5.5(c) and is required to seek admission in Missouri. 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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