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Informal Opinion Number: 970042

Rules: 5.5
Law Firms and Associations
Unauthorized Practice of Law

QUESTION: Attorney is licensed in another state but is not licensed in Missouri. Attorney is an experienced mediator. Attorney would like to perform mediations in Missouri under Supreme Court Rules 17 and 88. Would this constitute the unauthorized practice of law in Missouri? ANSWER: Attorney would not be engaging in the unauthorized practice of law if Attorney registered as a mediator in Missouri and performed mediation services in Missouri. I would suggest that Attorney include a notation on Attorney´s application indicating that Attorney is licensed to practice law in the other state but not in Missouri. When this office considers opinion requests involving the possible unauthorized practice of law, the opinion given applies only to actions which might be taken by this office. This opinion does not, in any way, affect the authority of a prosecuting attorney or the Attorney General regarding the unauthorized practice. It also does not affect the authority of any judge in any case which may be related to the subject of Attorney´s mediation services.

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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