Could an unlicensed out-of-state lawyer prepare Missouri clients' estate documents through a Missouri lawyer, and could lawyers join general seminars?

Short answer The opinion found unauthorized Missouri practice by the out-of-state lawyer and prohibited the Missouri lawyer's assistance, but allowed seminar participation if no specific legal advice was given.
Bar
MOLEC
Issued
1993

Apply this to your situation

This page answers the general question as of 1993. 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

A lawyer not licensed in Missouri held living-trust seminars and presented a Missouri lawyer as part of an estate-planning team. The Missouri lawyer met clients and sent intake information to the out-of-state lawyer, who prepared documents returned for signature; the Missouri lawyer could not make substantive changes.

The opinion found that the out-of-state lawyer would violate Rule 4-5.5(a) through unauthorized Missouri practice and that the Missouri lawyer would violate Rule 4-5.5(b) by assisting. On a separate question, it said a lawyer could sit on a panel with nonlawyers at an estate-planning seminar without assisting unauthorized practice if no specific legal advice was given.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did Missouri licensure of the intake lawyer cure the document arrangement?

A: No. The opinion found unauthorized practice by the out-of-state drafter and assistance by the Missouri lawyer.

Q: Could a lawyer sit on a general estate-planning seminar panel?

A: Yes, if no specific legal advice was given.

Background and rules framework

The opinion applied Rules 4-5.5(a) and 4-5.5(b) to an out-of-state document drafter and a Missouri lawyer's assistance, then addressed a separate general seminar question.

Citations and references

Rules of Professional Conduct:

  • Missouri Rule 4-5.5(a)
  • Missouri Rule 4-5.5(b)

See also

Source

Original opinion text

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

QUESTION: (1) Attorney A is licensed in another state and not in Missouri. Attorney B is licensed in Missouri. A holds living trust seminars and holds B out as a part of A´s estate planning team. A and B are not part of a firm. B meets with clients, obtains intake information and proposes estate planning documents to be prepared by A. B ships the information to A who prepares the documents and ships them back to B to supervise signature. B has no authority to make subtantive changes. B receives the fee and sends it to A who gives B a percentage without disclosure. (2) May Attorney B be on seminar panels on estate planning with non-attorneys? No specific advice given. ANSWER: (1) Attorney A would be engaging in the unauthorized practice of law in Missouri in violation of Rule 4–5.5(a). Attorney B would be violating Rule 4–5.5(b) by assisting A´s unauthorized practice. (2) If no specific legal advice is given at a seminar, it would not be the practice of law and, therefore, an attorney on the panel would not be assisting the unauthorized practice of law.

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