Could a nonresident lawyer who paid Missouri's Rule 6.01(d) category-three fee practice in Missouri?

Short answer No. The opinion said that fee category was available only to lawyers who neither resided nor practiced in Missouri.
Bar
MOLEC
Issued
1995

Apply this to your situation

This page answers the general question as of 1995. 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 living outside Missouri had paid the category-three fee under Rule 6.01(d) and asked whether that status allowed practice in Missouri.

The opinion answered no. It said the category was only for lawyers who neither resided nor practiced in the state.

Currency note

This 1995 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 payment of the category-three fee authorize Missouri practice?

A: No. The opinion said that fee was for lawyers outside both Missouri residence and practice.

Q: Which rule did the question cite?

A: Rule 6.01(d). The answer gave no separate licensing analysis.

Background and rules framework

The opinion interpreted the scope of the Rule 6.01(d) category-three fee for a nonresident lawyer and cited no other provision.

Citations and references

Other rules:

  • Missouri Rule 6.01(d)

See also

Source

Original opinion text

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

QUESTION: Attorney paid the category 3 fee under Rule 6.01(d) as an attorney who does not reside in Missouri. May attorney practice in Missouri in this status? ANSWER: No. That fee is only available to attorneys who neither reside nor practice in Missouri.

What do the rules say today, for your facts?

This opinion is from 1995. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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