Could a lawyer licensed in another state practice only pro bono in Missouri without a Missouri license?

Plain-English summary

A Missouri resident licensed to practice in another state, but not Missouri, proposed to practice law in Missouri only on a pro bono basis.

The opinion concluded that the proposed activities constituted the practice of law in Missouri. It said the then-applicable Rules of Professional Conduct had no provision allowing attorneys licensed elsewhere to practice in Missouri solely because the work was pro bono. On those facts, it characterized the proposed work as unauthorized practice.

Currency note

This 1996 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 pro bono status create an exception?

A: No. The opinion said the proposed work was the practice of law in Missouri and that the rules then provided no pro bono exception for an out of state lawyer.

Q: Was licensure in another state enough?

A: No, according to the opinion's answer for the lawyer's proposed Missouri practice.

Background and rules framework

The opinion applied the then-applicable Missouri Rules of Professional Conduct to a resident lawyer licensed only in another state. It identified no numbered rule and did not address later licensing changes.

See also

• Missouri Informal Op. 970098: Immigration office and Missouri licensure
• Missouri Informal Op. 2022-02: Retired lawyer pro bono license

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960055/

Original opinion text

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

QUESTION: Attorney resides in Missouri and is licensed to practice law in another state but not in Missouri. Attorney would like to practice law in Missouri strictly on a pro bono basis. May Attorney engage in a practice which solely involves pro bono work without becoming licensed in Missouri? ANSWER: The activities in which Attorney proposes to engage would constitute the practice of law in Missouri. The Rules of Professional Conduct, do not include a provision for attorneys licensed in other states to practice law, even on a pro bono basis, in Missouri. Therefore, the proposed activities would constitute the unauthorized practice of law in Missouri.