May a retiring Missouri lawyer move to another state and remotely wind down a Missouri practice from there?

Plain-English summary

The retiring lawyer planned to move out of Missouri while continuing to close the Missouri practice. The remaining work would include occasional virtual client meetings and virtual appearances in Missouri courts.

Rule 4-5.5(a) prohibits practicing law in a jurisdiction in violation of that jurisdiction's regulation of the profession. The opinion therefore places the key determination in the state where the lawyer will be physically located during the wind-down.

If that state treats the described remote activities as unauthorized practice, the Missouri lawyer may not proceed without violating Rule 4-5.5(a). The opinion does not decide the other state's law; it requires the lawyer to make that jurisdiction-specific determination.

In practice

Under this opinion, authorization to handle the remaining Missouri matters does not by itself resolve the remote-practice question. The law and professional regulation of the lawyer's new physical location control whether the wind-down can be conducted there.

Common questions

Q: Does the opinion automatically permit a Missouri wind-down from another state?

A: No. Permission depends on whether the other state treats the conduct as unauthorized practice.

Q: Which activities must be included in that analysis?

A: Winding down the Missouri practice, virtual client meetings, and virtual appearances in Missouri courts.

Q: What does Rule 4-5.5(a) prohibit?

A: Practicing law in a jurisdiction in violation of that jurisdiction's regulation of the legal profession.

Q: What follows if the new state classifies the work as unauthorized practice?

A: The opinion concludes that the lawyer may not proceed without violating Rule 4-5.5(a).

Background and rules framework

Missouri Rule 4-5.5(a) makes compliance with the host jurisdiction's regulation of legal practice part of the Missouri lawyer's professional duty. The opinion applies that rule to remote work performed from the other state even though the clients, cases, and court appearances remain connected to Missouri.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-5.5(a) (unauthorized practice in another jurisdiction)

See also

• Vermont Ethics Op. 13-02: Cross-Border Federal Practice
• Virginia Ethics Op. 1872: Virtual Law Office
• Alaska Ethics Op. 2010-1: Out-of-State Immigration Office

Source

• Landing page: Missouri Informal Opinion 2024-12

Original opinion text

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

Question: Lawyer is planning to retire after a long career of practicing law in Missouri. Lawyer is moving to another state, but Lawyer plans to continue to wind up Lawyer’s practice in Missouri and occasionally participate virtually in meetings with clients and appear virtually in Missouri courts. Is Lawyer permitted to wind up Lawyer’s practice in Missouri from another State?

Answer: Lawyer needs to determine if the other state from which Lawyer plans to wind up Lawyer’s Missouri practice and occasionally participate virtually in client meetings and appearances in Missouri courts constitutes the unauthorized practice of law in the other state. Rule 4–5.5(a) provides that “[a] lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction….” If the other state would determine Lawyer’s conduct to be the unauthorized practice of law, then Lawyer may not proceed without violating Rule 4–5.5(a).