Question: Lawyer is licensed in State A, and Lawyer represents Client in State A on a number of business matters. Client lives in State A. Client is purchasing a portion of a business located in Missouri with another buyer who is also located in Missouri. A Missouri lawyer for the seller of the business is preparing the purchase documents. May Lawyer in State A review the purchase documents from State A for Client?

Answer: Pursuant to Rule 4-5.5(c)(5), Lawyer is permitted to review the documents for Client in State A, as such conduct may be considered to be “reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted and authorized to practice.” However, Lawyer must disclose to Client that Lawyer is not licensed in Missouri, and that Client may wish to seek legal counsel from a lawyer licensed in Missouri. See also Informal Opinions 970073 and 940177. Lawyer should consult the rules of State A to ensure that such conduct is not considered to be the unauthorized practice of law in State A. See also Rule 4-8.5(b)(2).

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/.

© Copyright 2023