Informal Opinion Number: 950015

Rules: 5.5
Law Firms and Associations
Unauthorized Practice of Law

QUESTION: Attorney is licensed in Texas but not Missouri. Attorney´s client is a Texas resident who was involved in an automobile accident in Missouri. May Attorney engage in settlement negotiations with the insurance company, from Texas, without engaging in the unauthorized practice of law in Missouri? Attorney will affiliate with a Missouri attorney if it becomes necessary to file suit. ANSWER: Yes, as long as Attorney engages in the negotiations from Texas and does not misrepresent Attorney´s ability to file suit in Missouri.

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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