QUESTION: Attorney plans to retire from the practice of law in the next few months. Attorney would appreciate any comments, recommendations, or advice that OCDC may have for Attorney as to Attorney´s responsibilities to clients and others in that regard. ANSWER: Based upon Attorney´s letter, it sounds as though Attorney is planning to wind up Attorney´s practice, rather than selling it. If Attorney decides to sell Attorney´s practice, Rule 4-1.17 provides considerable detail regarding the steps to follow. The Missouri Bar has resources available through its Law Practice Management library which can help Attorney identify the steps Attorney should follow in winding up a practice. Attorney can contact The Missouri Bar at 573-635-4128. The original of the files belongs to the clients. Attorney should take steps to return those files to the clients or obtain their consent to handle them in a different manner, if Attorney has not already done so. By winding up Attorney´s practice, Attorney will be withdrawing from any pending matters. Attorney may not withdraw at a time when withdrawal will have a material adverse affect on the client. One way to avoid this is to provide ample notice to Attorney´s clients and to make sure they are aware of the anticipated future course of their case or other matter. This communication should clearly communicate any settings, deadlines, etc.

QUESTION: Attorney has decided to close the law office and relocate out of state. Attorney will continue to represent certain clients in pending matters until they are completed and other matters will be referred to other attorneys. Question 1. May Attorney transfer files to other attorneys and advise clients that Attorney has done so, or should Attorney withdraw from the cases and request that the clients find another attorney? Question 2. May Attorney amend Attorney´s business card and letterhead to reflect Attorney´s new out of state location and continue to represent clients with the out of state letterhead as long as Attorney is in good standing with the Missouri Bar? Question 3. May Attorney represent corporate clients from out of state with trips to Missouri as conditions require using Attorney´s out of state letterhead? Question 4. May Attorney obtain a position as a paralegal in a state where Attorney is not admitted, but serve Missouri clients in Missouri matters? ANSWER: Question 1. Attorney may not transfer Attorney´s clients" files to other attorneys without first obtaining the consent of Attorney´s clients. Attorney may recommend other attorneys to Attorney´s clients and transfer the files with the consent of Attorney´s clients. Questions 2., 3. and 4. As a non-resident member of The Missouri Bar who does not maintain an office in Missouri, Attorney´s ability to practice in Missouri is governed by Missouri Supreme Court Rule 9.02. It will be necessary for Attorney to check with the state in which Attorney will be residing to determine whether the reciprocity contemplated by the rule is available. Unless Attorney is licensed to practice law in the other state, there is a high probability that the conduct Attorney is proposing, including the continued representation of Attorney´s Missouri clients, would constitute the unauthorized practice of law in that state. If Attorney engages in the unauthorized practice of law in another state, Attorney would violate Missouri Supreme Court Rule 4-5.5. The laws of the state in which the conduct occurs would govern whether Attorney is engaging in the unauthorized practice of law in that state. Various officials in that state may have jurisdiction regarding the unauthorized practice of law.