960055 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960055

Rules: 5.5

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney resides in Missouri and is licensed to practice law in another state but not in Missouri. Attorney would like to practice law in Missouri strictly on a pro bono basis. May Attorney engage in a practice which solely involves pro bono work without becoming licensed in Missouri? ANSWER: The activities in which Attorney proposes to engage would constitute the practice of law in Missouri. The Rules of Professional Conduct, do not include a provision for attorneys licensed in other states to practice law, even on a pro bono basis, in Missouri. Therefore, the proposed activities would constitute the unauthorized practice of law 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.

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