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Informal Opinion Number: 930169

Rules: 5.5
Law Firms and Associations
Unauthorized Practice of Law

QUESTION: (1) Attorney A is licensed in another state and not in Missouri. Attorney B is licensed in Missouri. A holds living trust seminars and holds B out as a part of A´s estate planning team. A and B are not part of a firm. B meets with clients, obtains intake information and proposes estate planning documents to be prepared by A. B ships the information to A who prepares the documents and ships them back to B to supervise signature. B has no authority to make subtantive changes. B receives the fee and sends it to A who gives B a percentage without disclosure. (2) May Attorney B be on seminar panels on estate planning with non-attorneys? No specific advice given. ANSWER: (1) Attorney A would be engaging in the unauthorized practice of law in Missouri in violation of Rule 4 dash–5.5(a). Attorney B would be violating Rule 4 dash–5.5(b) by assisting A´s unauthorized practice. (2) If no specific legal advice is given at a seminar, it would not be the practice of law and, therefore, an attorney on the panel would not be assisting the unauthorized practice of law.

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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