May a Missouri-licensed lawyer registered as a Category 3 nonresident member practice law in Missouri?

Plain-English summary

The opinion addresses whether a Missouri-licensed lawyer living outside the state and registered as a Category 3 nonresident member may practice law in Missouri.

Rule 9.01 permits an active nonresident Missouri Bar member to practice law or do a law business in the state if the lawyer is not suspended or disbarred and has paid, or is exempt from, the enrollment fee required by Rule 6.01.

A lawyer who paid the reduced fee under Rule 6.01(j)(3) on the basis that the lawyer does not practice or have employment in Missouri must pay the remainder of the full annual fee under Rule 6.01(m)(1) before becoming authorized to practice in the state. The opinion therefore requires a change from Category 3 to Category 1 through the Clerk of the Court and payment of the proper fee.

In practice

Under this opinion, Missouri licensure alone does not allow a Category 3 nonresident member to begin Missouri practice under the reduced-fee registration. Authorization requires the registration change and payment identified in Rules 6.01 and 9.01.

Common questions

Q: May a Category 3 nonresident member practice law in Missouri immediately?

A: No. The opinion requires a change to Category 1 and payment of the proper enrollment fee first.

Q: What does Rule 9.01 require of a nonresident lawyer?

A: The lawyer must be an active Missouri Bar member, not currently suspended or disbarred, and must have paid or be exempt from the required enrollment fee.

Q: Why is an additional fee due?

A: Category 3 reflects the reduced fee available under Rule 6.01(j)(3) to a lawyer who does not practice or have employment in Missouri. The balance of the full fee is due before Missouri practice begins.

Q: Where is the registration change made?

A: The opinion directs the lawyer to change status with the Clerk of the Court.

Background and rules framework

The Office generally limits informal opinions to Rules 4, 5, and 6, but addressed Rule 9.01 because it directly relates to the Rule 6.01 registration categories and fees. Rule 9.01 supplies the authorization standard, and Rule 6.01 supplies the registration and fee requirements.

Citations and references

Missouri Supreme Court Rules:

• Rule 9.01, Authorized Practice of Law
• Rules 6.01(j)(3) and 6.01(m)(1), registration categories and enrollment fees

See also

• Georgia Formal Advisory Op. 22-1: Out-of-State Remote Practice
• Missouri Informal Op. 2024-03: Remote Practice from Missouri
• Nebraska Ethics Op. 69-5: Nonresident Lawyers in a Multistate Firm

Source

• Landing page: Missouri Informal Opinion 2021-10

Original opinion text

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

Question: A Missouri licensed lawyer who lives out-of-state and is registered as a Category 3 Non-Resident Member of The Missouri Bar, asks if it is permissible to practice law in Missouri?

Answer: While this office can only provide informal advisory opinions regarding Rules 4, 5, and 6, this opinion references Missouri Supreme Court Rule 9.01, Authorized Practice of Law, as it is directly related to interpretations of Rule 6.01(j) and (m) on registrations categories available to members of The Missouri Bar and fees associated therewith. Pursuant to Missouri Supreme Court Rule 9.01, a nonresident, active, lawyer who is a member of The Missouri Bar “may practice law or do a law business in this state” if the lawyer “is not currently suspended or disbarred and has paid or is exempt from the requisite enrollment fee pursuant to Rule 6.01.” If the lawyer has “paid a reduced annual enrollment fee pursuant to Rule 6.01(j)(3) because they do not practice or have employment in this state [the lawyer] must pay the remainder of the full annual enrollment fee required under Rule 6.01(m)(1) before being authorized to practice law or do a law business in this state.” Rule 9.01. The nonresident lawyer must change registration status with the Clerk of the Court from Category 3 to Category 1 and pay the proper fee to practice law or do a law business in Missouri.