Ezel / Ethics Opinions / MOLEC

What Missouri license, fee, paralegal-work, and CLE rules apply when a lawyer retires from practice?

Short answer Missouri has no retired status; a lawyer may elect inactive status and may not practice law while inactive. Nonlawyer paralegal work is generally permitted, but whether particular work becomes unauthorized practice is a legal question outside the opinion.
Bar
MOLEC
Issued
2020

Apply this to your situation

This page answers the general question as of 2020. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2020
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

Rules 6.03 and 6.05 allow inactive status but prohibit inactive lawyers from practicing law or doing a law business in Missouri. An inactive lawyer may seek return to active status under Rule 6.06.

An inactive lawyer may generally perform law-related work a nonlawyer paralegal may perform, but must avoid providing legal services. Whether particular paralegal work crosses into unauthorized practice is a factual and legal question outside the Rules.

Rule 6.01(d) exempts a lawyer in good standing from annual active or inactive fees after fifty years of Missouri licensure or age seventy-five. Rule 15 governs CLE, and the opinion directs active-practice questions under that rule to The Missouri Bar.

In practice

Under this opinion, retirement does not itself create a registration category. The lawyer's chosen active or inactive status controls the practice restriction, fees, and return process.

Common questions

Q: Does Missouri have a retired lawyer status?

A: No.

Q: May an inactive lawyer practice law?

A: No. Rule 6.05 prohibits it.

Q: May an inactive lawyer work as a paralegal?

A: Generally only on work a nonlawyer may perform; the opinion does not decide particular unauthorized-practice questions.

Background and rules framework

Rules 6.01, 6.03, 6.05, and 6.06 govern fees and status. Rule 15 governs CLE.

Citations and references

Missouri Supreme Court Rules:

  • Rules 6.01(d), 6.03, 6.05, 6.06, and 15

See also

Source

Original opinion text

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

QUESTIONS: Is a retired lawyer exempt from paying the annual enrollment fee? Is a retired lawyer able to work as a paralegal? Is a retired lawyer exempt from reporting Continuing Legal Education hours?

ANSWER: There is no “retired” enrollment status in Missouri. A Missouri lawyer who ceases to practice law in Missouri may elect to become inactive pursuant to Rule 6.03 and pay an annual inactive fee. Inactive lawyers are prohibited from engaging in the practice of law or the doing of a law business in Missouri. Rule 6.05. Whether work as a paralegal by a lawyer whose license is inactive constitutes the unauthorized practice of law is a question of law and fact outside the scope of the Rules of Professional Conduct. In Missouri the judiciary is the sole arbiter of what constitutes the practice of law. Generally, a lawyer who is not permitted to practice law because the lawyer’s license is inactive is permitted to do law-related work that a nonlawyer, such as a paralegal, is permitted to perform. However, inactive lawyers working as paralegals must exercise caution. It can be difficult for an experienced lawyer to refrain from providing legal services, even when the lawyer’s title is that of legal assistant or paralegal. An inactive lawyer may apply for return to active status under Rule 6.06. A Missouri lawyer in good standing is exempt under Rule 6.01(d) from paying annual enrollment fees or inactive fees if the lawyer has been licensed to practice in Missouri for fifty years or more or has reached the age of seventy-five years. Rule 15, Continuing Legal Education, governs whether a lawyer is required to complete or report Continuing Legal Education (CLE) credit hours. Questions about what constitutes the active practice of law in Missouri for purposes of Rule 15 should be directed to The Missouri Bar.

What do the rules say today, for your facts?

This opinion is from 2020. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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