Could an out-of-state lawyer appear at a Missouri DESE hearing if the panel granted a Rule 9.03 statement?

Plain-English summary

A lawyer asked whether a DESE due-process hearing chair could permit an out-of-state lawyer to appear and whether local counsel would assist unauthorized practice.

The opinion did not decide DESE’s authority. It said that if the out-of-state lawyer filed a Rule 9.03 statement and the DESE panel granted it, the appearance would not be unauthorized practice and local counsel would not assist unauthorized practice.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did the opinion rule on the DESE panel’s authority?

A: No. It expressly declined to address that question.

Q: What filing condition did the answer specify?

A: A Rule 9.03 statement filed by the non-Missouri attorney and granted by the panel.

Background and rules framework

The answer cited Rule 9.03 as the condition for the stated unauthorized-practice conclusion.

See also

• Missouri Informal Op. 20000029: Volunteer Tax Work

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000013/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Does a hearing chair, empowered by the Department of Elementary and Secondary Education to preside over a due process hearing under the Individuals with Disabilities Education Act and the Missouri State Plan, have the authority to grant a Motion to Appear Pro Hac Vice just as in any other “court” or entity? May the attorney then appear in his or her usual and customary manner as representative of the client with local counsel without concern that he or she is engaging in the unauthorized practice of law?

ANSWER: This opinion does not address the authority of the Department of Elementary and Secondary Education. However, if the non-Missouri attorney files a statement under Rule 9.03 that is granted by the DESE panel, the non-Missouri attorney would not be engaging in the unauthorized practice of law in Missouri. Therefore, Attorney would not be assisting in the unauthorized practice of law by acting as local counsel.