What Missouri license status must a retiring lawyer keep to represent family, friends, or pro bono clients?

Plain-English summary

The lawyer planned to retire but still wanted to represent family and friends and perhaps provide pro bono services. Rule 6.01 requires a full Category 1 license for that continued representation.

Inactive status under Rule 6.03 does not permit those services. Practicing while inactive would be unauthorized practice under Rule 6.05 unless the lawyer first returned to active status under Rule 6.06.

A lawyer at least 75 years old or licensed for at least 50 years may qualify for the fee exemption in Rule 6.01(d). A lawyer who wants to perform only pro bono services through an approved legal-assistance organization may consider Rule 6.01(o)'s annual-enrollment-fee waiver. Rule 15 continuing-education requirements also remain relevant.

In practice

Under this opinion, retirement itself is not a license category. Representation of family, friends, or pro bono clients requires active status. Rule 6.01(o) addresses a possible enrollment-fee waiver for approved pro bono service, rather than an exception to inactive status.

Common questions

Q: May an inactive lawyer represent family or friends?

A: No. The lawyer must first return to active status.

Q: May an inactive lawyer perform ordinary pro bono work?

A: No. The opinion says inactive lawyers may not do pro bono work unless they first return to active status. Rule 6.01(o) concerns a fee waiver, not inactive-lawyer eligibility.

Q: What license permits continued private representation?

A: A full Category 1 license under Rule 6.01.

Q: Is a fee exemption available?

A: Rule 6.01(d) covers lawyers meeting the stated age or 50-year licensing criteria, and Rule 6.01(o) addresses approved pro bono-only service.

Background and rules framework

Rules 6.01, 6.03, 6.05, and 6.06 govern active, inactive, unauthorized, and restored status. Rules 6.01(d) and (o) address fee relief, and Rule 15 governs MCLE.

Citations and references

Other authorities:

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

See also

• Missouri Informal Op. 2023-03: Fees Earned Before Retirement
• Missouri Informal Op. 2025-01: Retirement and Client Files

Source

• Landing page: Missouri Informal Opinion 2022-02

Original opinion text

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

Question: Attorney is considering retiring from the practice of law and is trying to determine if Attorney should change Attorney’s license to inactive status. Attorney would still like to represent family and friends with legal issues, and maybe engage in pro bono work. What license status should Attorney maintain?

Answer: Since Attorney still would like to represent family and friends with legal issues, and maybe engage in pro bono work, Attorney should maintain a full Category 1 license pursuant to Rule 6.01. If Attorney were to seek inactive status pursuant to Rule 6.03, Attorney would not be permitted to represent family and friends, or engage in pro bono work, or Attorney would be engaged in the unauthorized practice of law pursuant to Rule 6.05 unless Attorney first sought to return to active status pursuant to Rule 6.06. If Attorney is over the age of seventy-five years or has been licensed to practice for fifty years or more, Attorney may be exempt from paying either a Category 1 or inactive fee pursuant to Rule 6.01(d). If Attorney only wishes to engage in pro bono work upon retirement, Attorney should review Rule 6.01(o) to determine if Attorney would like to seek a waiver of the annual enrollment fee to solely provide pro bono legal services to an approved legal assistance organization. Attorney should also consider MCLE requirements pursuant to Rule 15.