Ezel / Ethics Opinions / MOLEC

Must a State A lawyer living in Missouri obtain a Missouri license to work remotely from home for a State A law firm?

Short answer Yes. The opinion treats the Missouri home office as a systematic and continuous presence for practicing law under Rule 4-5.5(b)(1), even though the work concerns State A, and finds no paragraph (c) exception.
Bar
MOLEC
Issued
January 23, 2024

Apply this to your situation

This page answers the general question as of 2024. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

The lawyer lived in Missouri, held a license only in State A, and planned to work remotely from a Missouri home for a law firm located in State A.

Rule 4-5.5(b)(1) prohibits an unlicensed lawyer from establishing an office or another systematic and continuous Missouri presence for practicing law. The opinion applies that prohibition even when the work performed from Missouri is the law of State A.

Because none of Rule 4-5.5(c)'s exceptions applied, the opinion requires the lawyer to seek Missouri admission.

In practice

Under this opinion, the lawyer's physical home office and continuous work from Missouri control even though the employer and subject law are in State A. The arrangement cannot proceed under the temporary-practice exceptions identified in paragraph (c).

Common questions

Q: Does working only on State A law avoid Missouri admission?

A: No. The opinion includes practice of State A law from Missouri within Rule 4-5.5(b)(1).

Q: Is a Missouri home office a systematic and continuous presence?

A: Yes, for the described ongoing remote employment.

Q: Did a Rule 4-5.5(c) exception apply?

A: No. The opinion expressly finds that the lawyer met none of those exceptions.

Q: What does the opinion require?

A: Missouri admission.

Background and rules framework

Missouri Rule 4-5.5(b)(1) governs an office or systematic and continuous presence by an unlicensed lawyer. Rule 4-5.5(c) contains temporary-practice exceptions, none of which the opinion found applicable.

Citations and references

Rules of Professional Conduct:

  • Missouri Rules 4-5.5(b)(1) and 4-5.5(c)

Other opinions cited:

  • Missouri Informal Opinions 20030078, 980219, 980062, 980010, 970098, 960276, 960055, 940092, and 930152

See also

Source

Original opinion text

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

Question: Lawyer is licensed in State A but lives in Missouri. Lawyer is not licensed in Missouri. Lawyer plans to work for a law firm located in State A from Lawyer’s home office 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.” That includes the practice of law of State A from Missouri. Lawyer does not meet any of the exceptions in 4–5.5(c) and is required to seek admission in Missouri. See also Informal Opinions 20030078, 980219, 980062, 980010, 970098, 960276, 960055, 940092, and 930152.

What do the rules say today, for your facts?

This opinion is from 2024. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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