2024-12 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2024-12

Adoption Date: August 8, 2024

Rules: 4–5.5

Law Firms and Associations

Unauthorized Practice of Law; Multijurisdictional Practice of Law

Subject: Retirement (see also Inactive Status or Of Counsel); Unauthorized Practice of Law; Multijurisdictional Practice of Law

Summary: retiring lawyer winding up practice from another state

Question: Lawyer is planning to retire after a long career of practicing law in Missouri. Lawyer is moving to another state, but Lawyer plans to continue to wind up Lawyer’s practice in Missouri and occasionally participate virtually in meetings with clients and appear virtually in Missouri courts. Is Lawyer permitted to wind up Lawyer’s practice in Missouri from another State?

Answer: Lawyer needs to determine if the other state from which Lawyer plans to wind up Lawyer’s Missouri practice and occasionally participate virtually in client meetings and appearances in Missouri courts constitutes the unauthorized practice of law in the other state. Rule 4 dash–5.5(a) provides that “[a] lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction….” If the other state would determine Lawyer’s conduct to be the unauthorized practice of law, then Lawyer may not proceed without violating Rule 4 dash–5.5(a).

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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