May a Missouri lawyer have an of-counsel relationship with a lawyer licensed only elsewhere?

Plain-English summary

A Missouri lawyer maintained a disclosed of-counsel relationship with a lawyer licensed in other states for consultation on their cases.

The opinion permits the association. It says the out-of-state lawyer may not come into Missouri and perform conduct constituting law practice unless appearing under Missouri Supreme Court Rule 9.03.

Currency note

This opinion was issued in 2001, 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: Is the of-counsel relationship itself allowed?

A: Yes. The opinion permits it.

Q: May the out-of-state lawyer practice law in Missouri?

A: Only through the Rule 9.03 appearance route identified by the opinion.

Background and rules framework

The opinion addresses the cross-state association and cites Missouri Supreme Court Rule 9.03 for an appearance exception.

Citations and references

Other rules cited:

• Missouri Supreme Court Rule 9.03

See also

• Missouri Informal Op. 20030078: Illinois Lawyer in Missouri

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20010080/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney is a Missouri attorney. For several years, Attorney has maintained a formally disclosed “of counsel” relationship with another attorney, who is licensed in other states, but not in Missouri. Attorney maintains the “of counsel” relationship to indicate that they are both available to consult each other and to provide advice as needed on each others’ cases. Is this appropriate under Missouri’s ethical rules?

ANSWER: It is permissible for Attorney to be associated, as “of counsel” or otherwise, with an attorney who is not licensed in Missouri. However, it is not permissible for that attorney to come into Missouri and engage in any conduct that constitutes the practice of law, unless the attorney appears under Missouri Supreme Court Rule 9.03.