May a law firm hire a disbarred lawyer to work as a paralegal?

Short answer The opinion permits the work on the same basis as for other nonlawyers, with licensed-lawyer supervision, no misleading presentation of the worker’s status, and no legal advice by the worker.

Bar

MOLEC

Issued

1996

Apply this to your situation

This page answers the general question as of 1996. 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 asked whether a disbarred lawyer could be employed as a paralegal.

The opinion permits draft-document work, witness interviews, and other support services under adequate licensed-lawyer supervision. It also requires clarity that the worker is a nonlawyer and special care against the worker giving legal advice.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: May the disbarred lawyer draft documents and interview witnesses?

A: Yes, as support work under adequate supervision by a licensed lawyer.

Q: May the worker be presented as still licensed?

A: No. The answer says no one may be misled about the person’s nonlawyer status.

Background and rules framework

The published answer describes limits on nonlawyer support work without citing a numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/960228/
Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: May Attorney hire a disbarred attorney as a paralegal? ANSWER: Attorney may use the disbarred attorney in the same manner as any other non-attorney. A non-attorney may prepare a draft of many different types of documents and may perform various support services, such as interviewing witnesses, as long as a licensed attorney adequately supervises those acts. In the case of a disbarred attorney, Attorney must make certain that no one is misled into believing that the disbarred attorney is anything other than a non-attorney and special care must be taken that the disbarred attorney does not cross the line into giving legal advice.

What do the rules say today, for your facts?

This opinion is from 1996. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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