Could an out-of-state lawyer residing in Missouri practice there under visiting-attorney Rule 9.03?

Short answer The opinion said no to the proposed practice by a Missouri resident not licensed in Missouri.

Bar

MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. 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 was licensed in another state, was not licensed in Missouri, and resided in Missouri. The lawyer asked whether the visiting-attorney rule, Rule 9.03, permitted practice in Missouri.

The opinion answered no. It supplied no further reasoning or exception.

Currency note

This 1994 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 Rule 9.03 permit the stated practice?

A: No, according to the opinion.

Q: What facts did the question specify?

A: The lawyer was licensed elsewhere, not in Missouri, and currently resided in Missouri.

Background and rules framework

The opinion addressed visiting-attorney Rule 9.03 on the specific facts of an out-of-state licensed lawyer residing in Missouri.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940092/

Original opinion text

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

QUESTION: May an attorney who is licensed to practice in another state but not in Missouri, and who currently resides in Missouri practice in Missouri under the visiting attorney rule, Rule 9.03. ANSWER: No.

What do the rules say today, for your facts?

This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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