970073 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 970073

Rules: 5.5

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney is licensed only in Missouri. Attorney asks whether it is a violation for Attorney to review closing documents for clients and closings located in other states. Attorney will be physically located in Missouri when Attorney performs the review and provides any advice. ANSWER: From the standpoint of Missouri, Attorney will not be committing a violation of Supreme Court Rule 4, the Rules of Professional Conduct, unless that conduct constitutes the unauthorized practice of law in the other states. Attorney must make clear to Attorney´s client in the transaction that Attorney is not licensed in the state whose laws Attorney is interpreting in reviewing the closing documents. This office cannot speak for the other states to advise Attorney whether Attorney´s proposed conduct would constitute the unauthorized practice of law in those states.

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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