970098 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 970098

Rules: 5.5

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney is licensed in a neighboring state, but not in Missouri, and is considering setting up a law office in Missouri. Attorney practices Immigration & Naturalization Law and labor certifications. The INS office and the Department of Labor Regional office are located in Missouri. The Immigration Service requires only that an attorney appearing before them have a current license in some state. Attorney plans to continue to practice solely in the field of immigration if an office is established in Missouri. May Attorney establish an immigration practice office in Missouri without obtaining a Missouri law license? ANSWER: It would constitute the unauthorized practice of law for Attorney to provide legal advice or counseling on any area of law from an office which is located physically within the state of 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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