Question: Lawyer is licensed in State A, and represents Corporate Client in State A. Corporate Client has offices in Missouri. Employee of Corporate Client is set to be deposed in a lawsuit that is pending in Missouri. Lawyer has been asked by Corporate Client to represent Employee in the deposition for the lawsuit pending in Missouri. Lawyer is not licensed in Missouri. What steps is Lawyer required to take to represent Employee in the deposition in Missouri?

Answer: Pursuant to Rule 4-5.5(c)(1) and (c)(2), Lawyer may be permitted to represent Employee at the deposition in Missouri so long as lawyer gains admission pursuant to Rule 9.03, Visiting Attorney Appearing in a Particular Case, to gain pro hac vice status in a matter.

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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