980042 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 980042

Rules: 4–5.6

Law Firms and Associations

Restrictions on Right to Practice

QUESTION: Question 1. Is an attorney who acts as a mediator thereby engaged in the practice of law? Question 2. Is a contract between a mediator and a mediation service which prohibits the mediator from competing with the mediation service for a period of time upon the termination of the relationship in violation of Rule 4 dash–5.6, prohibiting an attorney from entering into a contract restricting the right of an attorney to practice law?
ANSWER: Question 1. The practice of mediation is not, by itself, the practice of law. However, it is very possible for the two to be mixed, particularly in a situation where the attorney is held out to the public as an attorney in addition to being held out as a mediator. Question 2. Because the clause about which Attorney asks only restricts the individual´s ability to mediate, Rule 4 dash–5.6 does not apply.

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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