940126 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940126

Rules: 5.5

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney would establish a general business corporation that would obtain a real estate license. The corporation would review leases for businesses to verify that they reflect the business deal and that there are no other business terms or provisions contained in the lease which might adversely affect the tenant. ANSWER: This would involve the unauthorized practice of law. A general business corporation may not practice law. Reviewing the lease and verifying that it reflects the business deal would not be the practice of law. However, determining that there are no other business terms or provisions that would adversely affect the tenant would be the practice of law. Inserting clauses into a landlord´s lease form and making comments regarding these provisions would be the 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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