Could a lawyer who left a firm practice from home while continuing to use the firm's letterhead?

Short answer The opinion permitted home practice but allowed firm letterhead only with an active firm relationship and a genuine firm practice location. After complete withdrawal, the lawyer had to use the home address or a post office box on letterhead.

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 planned to leave a firm and practice from home, and asked about using the firm's letterhead and a home address.

The opinion permitted withdrawal and home practice. Firm letterhead was allowed only if the lawyer maintained an active relationship with the firm and the firm was actually a practice location. If the lawyer completely withdrew, letterhead had to carry the home address or a post office box instead.

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: Could the lawyer practice from home after leaving the firm?

A: Yes. The opinion allowed that arrangement.

Q: When could the lawyer use the firm's letterhead?

A: Only with an active firm relationship and where the firm was actually the lawyer's practice location.

Q: What address could appear after complete withdrawal?

A: The home address or a post office box.

Background and rules framework

The opinion addressed accurate letterhead information for a lawyer leaving a firm to practice from home. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/950069/

Original opinion text

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

QUESTION: Attorney would like to withdraw from the firm and practice from home. May Attorney use the firm´s letterhead? May Attorney use Attorney´s home address? ANSWER: Attorney may withdraw as a partner in the firm and practice from a home office. However, Attorney may not use the firm´s letterhead unless Attorney maintains an active relationship with the firm and the firm is actually Attorney´s practice location. If Attorney completely withdraws from the firm and practices from the home, Attorney must use the home address on letterhead. Attorney could also use a post office box and put that address on the letterhead.

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.

Opens in Ezel Pro.

Checks the law as it stands today, not only this page
Cites every source it relies on, so you can verify it
Chat, drafting and research in one workspace