Must a State A lawyer working remotely from State A as in-house counsel for a Missouri corporation obtain a Missouri license?

Plain-English summary

The lawyer held a State A license and planned to work virtually from State A as counsel for a corporation located in Missouri.

Rule 4-5.5(b)(1) prohibits an unlicensed lawyer from establishing an office or other systematic and continuous presence in Missouri for legal practice. Comment [4] states that such a presence may exist even if the lawyer is not physically in Missouri.

For legal services to the lawyer's employer or its organizational affiliates, Rule 4-5.5(d) points to a limited license under Rule 8.105 or a general license under the other provisions of Rule 8. The opinion therefore requires the lawyer to seek Missouri admission through an available route.

In practice

Under this opinion, the lawyer's remote location in State A does not prevent the work from constituting a systematic and continuous Missouri presence. The employer relationship supplies a limited-license route, not an exemption from licensing.

Common questions

Q: Does physical absence from Missouri eliminate the licensing issue?

A: No. Comment [4] states that systematic and continuous presence can exist without physical presence.

Q: Does in-house status create a complete exception?

A: No. It permits the lawyer to seek the limited license described by Rule 8.105.

Q: What licensing routes does the opinion identify?

A: A limited license under Rule 8.105 or a general license under other provisions of Rule 8.

Q: Who may receive services under the in-house provision?

A: The lawyer's employer or its organizational affiliates.

Background and rules framework

Missouri Rule 4-5.5(b)(1) and Comment [4] govern systematic and continuous presence. Rule 4-5.5(d) addresses services to an employer or organizational affiliate, and Missouri Rule 8.105 supplies the limited in-house licensing route.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-5.5(b)(1), Comment [4]
• Missouri Rule 4-5.5(d)

Other authorities:

• Missouri Rule 8.105 and other provisions of Rule 8
• Missouri Informal Opinions 20030078, 980219, 980062, 980010, 970098, 960276, 960055, 940092, and 930152

See also

• Missouri Informal Op. 2024-03: Remote Out-of-State Practice
• Virginia Ethics Op. 1872: Virtual Law Office
• Alabama Ethics Op. 1986-52: Unlicensed In-House Counsel

Source

• Landing page: Missouri Informal Opinion 2024-02

Original opinion text

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

Question: Lawyer is licensed in State A and will be working virtually from State A for a corporation that is located in Missouri. Is Lawyer required to seek admission in Missouri?

Answer: Yes. Rule 4–5.5(b)(1) prohibits a lawyer from establishing an “office or other systematic and continuous presence in this jurisdiction for the practice of law.” Comment [4] to Rule 4–5.5 notes that “[p]resence may be systematic and continuous even if the lawyer is not physically present here.” Per Rule 4–5.5(d), a lawyer not licensed in Missouri that is providing legal services to the lawyer’s employer or organizational affiliates may seek a “limited license pursuant to Rule 8.105 or a general license pursuant to other provisions of Rule 8.” See also Informal Opinions 20030078, 980219, 980062, 980010, 970098, 960276, 960055, 940092, and 930152.