960276 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960276

Rules: 5.5;7.1;9.03

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney, who is licensed in other states and is awaiting licensure in Missouri, is in a Missouri firm. Attorney understands: 1 Attorney may not sign letters or legal opinions to clients. 2 Attorney must inform clients that Attorney is not licensed in Missouri and must not say anything that would mislead the clients. 3 Attorney may not appear in a Missouri court on behalf of a client unless Attorney has been admitted as a visiting attorney. 4. Until Attorney is licensed in Missouri, Attorney´s primary duties will involve drafting documents and doing research for licensed Missouri attorneys. May Attorney use a business card which indicates the states in which Attorney is licensed and a notation that Missouri licensure is pending? ANSWER: Attorney is correct on items 1, 2 and 4. However, regarding item 3, if Attorney is now a Missouri resident, Attorney is not eligible to practice as a visiting attorney under Rule 9.03. Based on the information Attorney has provided, the proposed business card would not violate the Rules of Professional Conduct.

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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