May a lawyer licensed in another state open a Missouri office for an immigration-only practice without a Missouri license?

Short answer The opinion says providing legal advice or counseling from an office physically located in Missouri would constitute unauthorized practice, even on the described immigration-only facts.

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MOLEC

Issued

1997

Apply this to your situation

This page answers the general question as of 1997. 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 licensed in a neighboring state asked about opening a Missouri office devoted to immigration and labor certification work. The question stated that the Immigration Service required only a current license in some state for appearances before it.

The answer said providing legal advice or counseling on any area of law from an office physically in Missouri would constitute unauthorized practice of law. It did not identify an exception for the proposed immigration-only office.

Currency note

This opinion was issued in 1997, 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: Did the described immigration-only practice change the answer?

A: No. The answer covered legal advice or counseling on any area of law from an office physically located in Missouri.

Q: What office location did the opinion address?

A: A law office established within Missouri by a lawyer licensed in a neighboring state but not in Missouri.

Background and rules framework

The official page lists Rule 5.5 as its topic. The published question and answer do not cite a numbered rule in their text.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/970098/
Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney is licensed in a neighboring state, but not in Missouri, and is considering setting up a law office in Missouri. Attorney practices Immigration & Naturalization Law and labor certifications. The INS office and the Department of Labor Regional office are located in Missouri. The Immigration Service requires only that an attorney appearing before them have a current license in some state. Attorney plans to continue to practice solely in the field of immigration if an office is established in Missouri. May Attorney establish an immigration practice office in Missouri without obtaining a Missouri law license? ANSWER: It would constitute the unauthorized practice of law for Attorney to provide legal advice or counseling on any area of law from an office which is located physically within the state of Missouri.

What do the rules say today, for your facts?

This opinion is from 1997. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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