980219 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 980219

Rules: 4–5.5; 4–7.1; 4–8.4

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney is licensed in a adjoining state and has filed an application to take the Missouri Bar Examination. Attorney´s office is located in Missouri and uses that address for mailing and on letterhead. Attorney also works out of Attorney´s home in the adjoining state. Attorney has not appeared in court in Missouri and only uses that office to type letters, draft motions and petitions and meet with Attorney´s supervising attorney. Attorney has always been careful to assert to clients that Attorney is not licensed in Missouri and will not represent clients in Missouri courts. Is this appropriate?
ANSWER: Until Attorney is licensed in Missouri, Attorney may use Attorney´s Missouri office to type letters to clients, draft motions and petitions and to meet with the supervising attorney. Attorney may not use Attorney´s Missouri office as Attorney´s mailing address or to receive Attorney´s telephone calls. Attorney may not meet with clients in Attorney´s Missouri office, and Attorney may not advise clients from Attorney´s Missouri office. Attorney may not use Attorney´s Missouri office address on Attorney´s letterhead.

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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