What work could an out-of-state lawyer residing in Missouri do at a Missouri firm before admission?

Short answer The opinion says a Missouri resident not admitted there could not practice under Supreme Court Rule 9.03. Until Missouri licensure, the lawyer could perform only functions that a nonlawyer could perform in Missouri.
Bar
MOLEC
Issued
1998

Apply this to your situation

This page answers the general question as of 1998. 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

The lawyer was admitted in several other jurisdictions, had recently moved to Missouri, and joined a firm there. The lawyer planned to take the next Missouri bar examination and asked what work could be done at the firm in the meantime.

The answer says a Missouri resident was not eligible to practice under Supreme Court Rule 9.03. Until Missouri licensure, the lawyer could perform in Missouri only the functions that any nonlawyer could perform. The published answer does not list particular permitted tasks.

Currency note

This opinion was issued in 1998, 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 existing licenses in other jurisdictions permit the lawyer to practice in Missouri under Rule 9.03?

A: No. The answer says the lawyer's Missouri residence made Rule 9.03 unavailable on the facts given.

Q: What work did the opinion allow pending Missouri admission?

A: Only work in Missouri that any nonlawyer could perform. The opinion does not specify individual tasks.

Background and rules framework

The published answer relies on Missouri Supreme Court Rule 9.03 and the lawyer's residence in Missouri. It addresses the period before Missouri licensure.

Citations and references

Missouri Supreme Court Rules:

  • Rule 9.03

See also

Source

Original opinion text

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

QUESTION: Attorney is admitted in several jurisdictions, but is not admitted in Missouri. Attorney recently moved to Missouri and has joined a firm. Attorney plans to take the next bar examination. What may Attorney do at the firm in the meantime?

ANSWER: As a resident of Missouri, Attorney is not eligible to practice under Supreme Court Rule 9.03. Therefore, until Attorney is licensed in Missouri, Attorney may only perform the functions in Missouri that any non-attorney could perform.

What do the rules say today, for your facts?

This opinion is from 1998. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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