QUESTION: An administrative tribunal's hearing officers, who are licensed attorneys, preside over cases heard by the tribunal. The tribunal received complaints for review by a single-member LLC and a single-member S Corporation. The tribunal's concern is that if the single member of the LLC or S Corporation appears before the tribunal without an attorney, he or she may be in violation of 484.010. If such an appearance is practicing law without a license, that subjects the tribunal's attorney hearing officers who preside over the hearings to ethical problems. Is it necessary for single-member LLC or S Corporations to be represented by an attorney in cases before the tribunal? ANSWER: Neither an LLC nor an S Corporation can appear in a tribunal through an officer or other nonlawyer, if that tribunal requires representation by an attorney for any party not appearing pro se. Joseph Sansone Company, v. Bay View Golf Course, 97 S.W.3d 531 (2003). In other words, if the conduct will constitute the practice of law, an LLC, S Corporation, or other corporate entity is not permitted to appear pro se, absent specific authorizing statutes, rules, etc, unless there is law that makes a distinction for a single-member entity. However, not every act in an administrative tribunal constitutes the practice of law. See, State ex rel., Missouri Department of Social Services v. Administrative Hearing Commission, 814 S.W.2d 700 (Mo. App. W.D. 1991). If a nonlawyer's conduct, on behalf of an LLC or S Corporation, will constitute the practice of law and there is no statute, rule, or other legal authority permitting the particular conduct by a nonlawyer, the attorneys who participate in the proceeding will be assisting the unauthorized practice of law. The attorneys should take steps to stop or prevent this conduct.

QUESTION: Attorney works for a non-attorney owned company that represents claimants in Social Security disability hearings and appeals. If the claimant is found disabled, Social Security regulations authorize the withholding of attorney fees from past due benefits but does not authorize payment to a non-attorney representative. May the company's attorneys request the fee be withheld, then turn the check over to the company as payment for services rendered by the non-attorney representative? Would that be fee sharing?

ANSWER: Attorney's letter raises issues about assisting in the unauthorized practice of law. Attorney should read In Re Mid-America Living Trust Associates, Inc., 927 S.W.2d 855 (Mo. Banc 1997) and In Re First Escrow, Inc., 840 S.W.2d 839 (Mo. Banc 1992).

QUESTION: Attorney is licensed in Illinois and attempting to become licensed in Missouri. Attorney's office is located in Missouri. (1) Can Attorney practice Illinois law from the office in Missouri? (2) Can Attorney conduct any business for the Illinois practice from the Missouri office? If so, what activities can be performed from the Missouri office? (3) Can Attorney be included on Missouri office letterhead indicating attorney is licensed in Illinois only? (4) Can Attorney perform the functions of a paralegal or any other work with respect to cases pending in Missouri?

ANSWER: Questions 1. and 4. No, Attorney may not engage in conduct that constitutes the practice of law, while physically located in Missouri. However, Attorney may function as a law clerk or paralegal, as long as Attorney is not held out as an attorney in connection with those functions.

Question 2. Yes, Attorney may conduct business for the Illinois practice from the Missouri office, as long as Attorney's conduct does not constitute the practice of law and Attorney does not state or imply that Attorney is licensed in Missouri.

Question 3. Yes.

Attorney could practice law in Missouri while waiting to take the Bar exam if Attorney obtains a temporary license under Missouri Supreme Court Rule 8.115.

QUESTION: Attorney's firm is hiring an attorney licensed in the State of Florida, who will apply to take the Missouri Bar exam in February 2004. How should the law firm list the Florida attorney on the firm's letterhead, in the telephone directory, on the lobby register of their office building, and in Martindale-Hubbell?

ANSWER: The Florida attorney should be carried on the letterhead as a nonlawyer in MO, unless the Florida attorney has obtained a temporary license in MO. If the attorney has a temporary license in MO, the attorney may be designated in the same way as any other licensed attorney. However, if the attorney does not pass the exam or otherwise loses temporary licensure status, Attorney would need to correct the letterhead immediately. The same answer holds for the other questions. In terms of the telephone directory and Martindale-Hubbell, Attorney would need to accomplish the correction as soon as possible.

QUESTION: Is it permissible for Attorney to allow and assistant a nonlawyer employee the of the client to take a sworn statement in Attorney's office, with or without an Attorney present?

ANSWER: It does not constitute the unauthorized practice of law for a nonlawyer to take a sworn statement as part of an investigation. Therefore, Attorney will not be assisting the unauthorized practice of law by supervising this activity. However, it is important that no one be misled about the nonlawyer's role or credentials. Because the statement is taken in Attorney's law office and Attorney may be present, it will be necessary to disclose that the nonlawyer is not a lawyer. It would not be permissible for a nonlawyer to take a deposition.

QUESTION: Attorney is still active in the practice of law by doing primarily volunteer work for programs sponsored by the IRS. Attorney does not receive fees for performing such services but Attorney is reimbursed for out-of-pocket expenses. Does this volunteer work as a Kansas attorney constitute the practice of law in Missouri? ANSWER: If the tax services Attorney performs in Missouri involve anything more than placing information from taxpayers on the IRS forms, Attorney would need to pay the fee for attorneys practicing in Missouri. In other words, any activity involving legal advice or representation would place Attorney in the category of attorneys practicing in Missouri. There is no exception for providing legal services without compensation.

QUESTION: Does a hearing chair, empowered by the Department of Elementary and Secondary Education to preside over a due process hearing under the Individuals with Disabilities Education Act and the Missouri State Plan, have the authority to grant a Motion to Appear Pro Hac Vice just as in any other "court" or entity? May the attorney then appear in his or her usual and customary manner as representative of the client with local counsel without concern that he or she is engaging in the unauthorized practice of law? ANSWER: This opinion does not address the authority of the Department of Elementary and Secondary Education. However, if the non-Missouri attorney files a statement under Rule 9.03 that is granted by the DESE panel, the non-Missouri attorney would not be engaging in the unauthorized practice of law in Missouri. Therefore, Attorney would not be assisting in the unauthorized practice of law by acting as local counsel.

QUESTION: Attorney would like to accept a position with an insurance agency. Attorney would be on staff with the agency in a position that would not provide legal services. Attorney would speak at seminars hosted by the agency, and address topics such as probate, living trusts, living wills, joint tenancy and insurance trusts. Seminar attendees, agency clients and prospective clients would be made aware that the speaker is a licensed attorney. Attorney may also consult with agents and clients/prospective clients on other planning matters, such as buy-sell agreements. Attorney would recommend that clients/prospective clients seek their own independent counsel to implement any plan that Attorney might suggest as helpful to their situation. Attorney may also prepare and provide documents for the client to take and consult with their independent counsel. Attorney would provide a list of names of attorneys to clients and may recommend one in particular that Attorney believes would do the work inexpensively for client. Attorney will not charge a legal fee to clients/prospective clients whom Attorney meets through the agency. Attorney will be compensated by sharing in the commissions the agents earn generated from consultations in which the attorney participated. Attorney may also receive a base salary from the insurance company with the agency affiliated. Is this appropriate? ANSWER: The activities of providing legal advice to the insurance company´s clients and providing draft documents for those clients would constitute assisting the insurance company in the unauthorized practice of law. Attorney may speak at general seminars, but Attorney may not provide legal advice to individuals or regarding specific situations. Attorney should read In re Mid-America Living Trust Associates, 927 S.W.2d 855 (Mo. banc 1996).

QUESTION: Attorney has hired a second year law student to work in Attorney´s office for the summer. May the law student be permitted to take depositions or appear in court under Attorney´s supervision? ANSWER: If the law student is certified under Missouri Supreme Court Rule 13, the law student may take depositions and appear in court, as permitted under that rule. Attorney should be aware that that rule limits practice by a certified law student to representation of the state and indigent individuals. If the law student is not certified under Missouri Supreme Court Rule 13, the law student may not perform any functions other than those which any other non-lawyer may perform.

QUESTION: Attorney is licensed in a adjoining state and has filed an application to take the Missouri Bar Examination. Attorney´s office is located in Missouri and uses that address for mailing and on letterhead. Attorney also works out of Attorney´s home in the adjoining state. Attorney has not appeared in court in Missouri and only uses that office to type letters, draft motions and petitions and meet with Attorney´s supervising attorney. Attorney has always been careful to assert to clients that Attorney is not licensed in Missouri and will not represent clients in Missouri courts. Is this appropriate? ANSWER: Until Attorney is licensed in Missouri, Attorney may use Attorney´s Missouri office to type letters to clients, draft motions and petitions and to meet with the supervising attorney. Attorney may not use Attorney´s Missouri office as Attorney´s mailing address or to receive Attorney´s telephone calls. Attorney may not meet with clients in Attorney´s Missouri office, and Attorney may not advise clients from Attorney´s Missouri office. Attorney may not use Attorney´s Missouri office address on Attorney´s letterhead.

QUESTION: Attorney is licensed and in good standing in Missouri. Attorney would like to form a partnership with an attorney who is licensed in a neighboring state, but not yet licensed in Missouri. The partnership would have an office in Missouri and in the neighboring state. The letterhead would indicate which state or states each attorney is licensed in. The other attorney hopes to soon be licensed in Missouri and they plan to be cautious not to do anything that constitutes the unauthorized practice of law. Is this proposed arrangement acceptable? ANSWER: The arrangement Attorney has proposed would not violate Missouri Supreme Court Rule 4.

QUESTION: Does Attorney, who is not licensed in Missouri, commit the unauthorized practice of law in Missouri when Attorney maintains an office and represents and advises clients in Missouri solely in the area of immigration law? ANSWER: Attorney may not maintain an office in Missouri for the purpose of representing and advising clients solely on immigration law. In order for Attorney to do so, it would be necessary for Attorney to become licensed in Missouri.

QUESTION: Three members of the firm are licensed in Missouri and an adjacent state and the remaining members are only licensed in Missouri. The firm is considering moving to the adjacent state. May the attorneys maintain an active litigation practice limited to Missouri work with their offices being in the adjacent state and not have an office in Missouri? ANSWER: Attorney´s question relates to activity by the Missouri licensed attorneys in the adjacent state. Therefore, the law of that state determines whether they would be engaging in the unauthorized practice of law. Attorney has not indicated whether the Missouri attorneys are residents of Missouri. If they are residents of the adjacent state, Attorney should also review Missouri Supreme Court Rule 9.02.

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.

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.

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.

QUESTION: Attorney is on inactive status and proposes to open a temporary paralegal service. Would this violate the rules? ANSWER: An inactive attorney may function as a temporary paralegal in the same manner as any non-lawyer. Because Attorney may be working for more than one attorney or firm, it will be necessary for Attorney and the attorneys for whom Attorney works to make sure that the rules regarding confidentiality and conflict of interest are followed in addition to making sure that Attorney´s activities do not involve the unauthorized practice of law.

QUESTION: Attorney is licensed only in Missouri. Attorney asks whether it is a violation for Attorney to review closing documents for clients and closings located in other states. Attorney will be physically located in Missouri when Attorney performs the review and provides any advice. ANSWER: From the standpoint of Missouri, Attorney will not be committing a violation of Supreme Court Rule 4, the Rules of Professional Conduct, unless that conduct constitutes the unauthorized practice of law in the other states. Attorney must make clear to Attorney´s client in the transaction that Attorney is not licensed in the state whose laws Attorney is interpreting in reviewing the closing documents. This office cannot speak for the other states to advise Attorney whether Attorney´s proposed conduct would constitute the unauthorized practice of law in those states.

QUESTION: Attorney wishes to employ a disbarred attorney. May the disbarred attorney: (1) act as an adjuster to negotiate settlements as long as licensed attorneys advise how much to accept in settlement; (2) accept the signature of a potential client on a lawyer/client contract which will be signed by a licensed attorney later; (3) request and gather medical records, police reports and other investigatory functions; (4) review and organize those types of records and other investigation material; (5) meet with the client after the client has accepted the settlement offer and explain the client´s settlement summary and accept the client´s signature of the release, insurance draft and settlement summary? ANSWER: The status of a disbarred lawyer is the same as any other non-attorney. (1) A non-attorney may not work for Attorney as a private adjuster. (2) A non-attorney may accept the signature on a lawyer/client contract, if that is all that is involved. However, the non-attorney may not explain the terms of the contract to the client. Therefore, it will be necessary for the client to meet with an attorney to have the contract explained prior to meeting with a non-attorney to sign the contract. (3) A non-attorney may request and gather medical records and police reports and perform other investigatory functions. (4) A non-attorney may review and organize medical records, police reports and other investigation material. (5) A non-attorney may meet with the client to explain the source of the figures on the settlement summary and the calculations involved. However, if there are any questions or an additional explanation is necessary, it would be necessary for the client to meet with an attorney. The non-attorney may not explain the legal impact of the settlement, including the finality of a full and final settlement.

QUESTION: Attorney is licensed in another state but is not licensed in Missouri. Attorney is an experienced mediator. Attorney would like to perform mediations in Missouri under Supreme Court Rules 17 and 88. Would this constitute the unauthorized practice of law in Missouri? ANSWER: Attorney would not be engaging in the unauthorized practice of law if Attorney registered as a mediator in Missouri and performed mediation services in Missouri. I would suggest that Attorney include a notation on Attorney´s application indicating that Attorney is licensed to practice law in the other state but not in Missouri. When this office considers opinion requests involving the possible unauthorized practice of law, the opinion given applies only to actions which might be taken by this office. This opinion does not, in any way, affect the authority of a prosecuting attorney or the Attorney General regarding the unauthorized practice. It also does not affect the authority of any judge in any case which may be related to the subject of Attorney´s mediation services.

QUESTION: Attorney is a Missouri attorney who resides in an adjacent state and is not licensed in the adjacent state. May Attorney use letterhead with Attorney´s name and showing Attorney´s home address? Would Attorney need to show on the letterhead that Attorney is licensed in Missouri and not the state where Attorney resides? ANSWER: Under the circumstances Attorney has described, Attorney may not practice from the adjacent state nor hold himself out as practicing in the adjacent state, even if Attorney discloses that Attorney is only licensed in Missouri. If Attorney does not have a Missouri office, Attorney should refer to Missouri Supreme Court Rule 9.02. Under those circumstances, Attorney would only be able to practice in Missouri if the adjacent state would permit it under reverse circumstances. It will be necessary for Attorney to contact the adjacent state´s authorities directly if Attorney needs an answer to that question.

QUESTION: Attorney, who is licensed in other states and is awaiting licensure in Missouri, is in a Missouri firm. Attorney understands: 1 Attorney may not sign letters or legal opinions to clients. 2 Attorney must inform clients that Attorney is not licensed in Missouri and must not say anything that would mislead the clients. 3 Attorney may not appear in a Missouri court on behalf of a client unless Attorney has been admitted as a visiting attorney. 4. Until Attorney is licensed in Missouri, Attorney´s primary duties will involve drafting documents and doing research for licensed Missouri attorneys. May Attorney use a business card which indicates the states in which Attorney is licensed and a notation that Missouri licensure is pending? ANSWER: Attorney is correct on items 1, 2 and 4. However, regarding item 3, if Attorney is now a Missouri resident, Attorney is not eligible to practice as a visiting attorney under Rule 9.03. Based on the information Attorney has provided, the proposed business card would not violate the Rules of Professional Conduct.

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.

QUESTION: Attorney is not licensed in Missouri but is licensed in another state and works for a general business corporation in Missouri. Attorney will have access to legal research tools at the corporation. Attorney would like to sell research services as a non-attorney to law firms. Attorney would not provide legal advice or otherwise practice law as a part of this arrangement. Would this involve the unauthorized practice of law in violation of Rule 4-5.5 or improper fee splitting under Rule 4-5.4? ANSWER: The proposal which Attorney has outlined would not involve prohibited fee splitting under Rule 4-5.4 or unauthorized practice under Rule 4-5.5 of Supreme Court Rule 4, the Rules of Professional Conduct. Two issues which Attorney has not addressed are conflicts of interest and confidentiality. These issues could certainly come into play if, for example, two local attorneys used Attorney´s research services for opposite sides of the same case. Attorney will need to establish a system to prevent problems in these areas.

QUESTION: Must an out-of-state law firm with attorneys licensed to practice in Missouri maintain a physical office or a post office box in Missouri in order for its attorneys to practice law in Missouri? ANSWER: The second paragraph of Rule 9.02 applies to Attorney´s question. Under that rule, Missouri licensed attorneys in Attorney´s firm may practice in Missouri, without having an office in Missouri, if the other state accords the same privilege to its licensed attorneys who maintain an office in Missouri but not the other state. Attorney will need to check with the authorities in the other state for an answer to that question.

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.

QUESTION: A collection agency has contacted Attorney about writing demand letters for cases in which the creditor is not yet Attorney´s client. Attorney would prepare a letter to the debtor on behalf of the creditor and instruct the debtor to contact the collection agency, rather than Attorney. May Attorney do this? ANSWER: Under the circumstances described, Attorney would violate Rule 4-5.5, by assisting the collection agency in the unauthorized practice of law. Attorney may wish to review State ex rel. McKittrick v. C.S. Dudley & Co., Inc., 102 S.W.2d 895 (Mo 1937), which relates to this topic.

QUESTION: Attorney represents a collection agency. The agency will refer matters to Attorney for collection through litigation. The agency will refer the matter directly, rather than the creditor hiring Attorney. The agency will require Attorney to pay the agency a set fee on each matter for administrative expenses. May Attorney pay this fee? ANSWER: The agreement which Attorney has submitted raises several concerns under the Rules of Professional Conduct. First, the fee would be either a prohibited referral fee under Rule 4-7.2(c) or improper fee splitting with a non-attorney under Rule 4-5.4(a). The other concerns raised cannot be fully addressed without information about disclosures, waivers and arrangements with the creditor, the actual client. The arrangement described causes concerns under Rule 4-1.6 related to confidentiality and under Rule 4-1.7(b) related to potential conflicts of interest. Additionally, this arrangement raises the concern that Attorney would be violating Rule 4-5.5 assisting the unauthorized practice of law by this company. Attorney may wish to study State ex rel. McKittrick v. C.S. Dudley & Co., Inc., 102 S.W.2d 895 (Mo. 1937). That case involved a collections company in a situation which appears similar to the situation of the collection agency in the opinion request.

QUESTION: May Missouri attorneys practice in partnership with solicitors admitted in England and Wales, provided that such partnership is not engaged in the unauthorized practice of law in Missouri? ANSWER: Yes.

QUESTION: Attorney became licensed in Missouri without examination by virtue of licensure in another state. Attorney has not taken the practical skills course within the specified period. ANSWER: Attorney´s Missouri license is not completely lost by failing to comply with the continuing education requirements. However, under Rule 5.5(c) of Supreme Court Rule 4, the Rules of Professional Conduct, Attorney may not practice in Missouri if Attorney is not current on Attorney´s Missouri CLE requirements under Missouri Supreme Court Rule 15.

QUESTION: Attorney asks about entering into a relationship with an insurance agent in which the insurance agent would have clients fill out an information sheet if they believe they need a will. The insurance agent would send the form to Attorney who would prepare a will and have the clients come in to execute it. No fees would be split with the insurance agent and nothing of value would be given to the insurance agent for the referral. The insurance agent would provide a price list of Attorney´s services. ANSWER: The arrangement proposed would involve improper solicitation, breach of confidentiality or both. In person solicitation is prohibited by Rule 4-7.3(b). If the insurance agent is acting as Attorney´s agent, in person solicitation would occur. If the insurance agent is independent, Attorney would be asking someone who is not Attorney´s representative to gather confidential information from Attorney´s clients on Attorney´s behalf in violation of Rule 4-1.6. Additionally, if the insurance agent is the one who is determining what specific type of estate planning the individual needs, the insurance agent would be engaging in the unauthorized practice of law and Attorney would be assisting in that activity in violation of Rule 4-5.5(b). Depending on other details of the arrangement, other rules may also be involved. Attorney would not be violating the rules if the insurance agent merely refers the potential client to Attorney for general estate planning, leaving it to Attorney to determine, in consultation with the clients, the specific type of estate planning the clients need. This situation could not involve any fee splitting or referral fee.

QUESTION: A suspended attorney asks whether it is permissible to coach an individual on the evidence rules, when the individual is representing himself at a trial. ANSWER:In light of the fact that the individual whom Attorney would coach has a specific case for which Attorney would be preparing him, the conduct Attorney has proposed would constitute the unauthorized practice of law.

QUESTION: Attorney proposes to practice only in the area of abstract opinions. Attorney would like to practice as the employee of the abstract company and provide abstract opinions for individuals purchasing property or banks financing the purchase. Another option would be for Attorney to be employed by a title insurance company and provide opinions for the use of that company in determining whether to issue title insurance. ANSWER: The first arrangement proposed would create a number of problems under the rules. Practicing law in a general business corporation, such as the abstract company, would involve assisting the unauthorized practice of law by the title company in violation of Rule 4-5.5(b) and fee splitting with a non-lawyer in violation of Rule 4-5.4(a). Additionally, the arrangement would involve possible problems with conflicts of interest between Attorney´s true client, the one receiving the abstract opinion, and the abstract company by which Attorney would be employed. If Attorney maintains an independent law practice, the abstract company can refer the clients to Attorney. Attorney may then give abstract opinions to the clients as long as the clients pay Attorney rather than the abstract company and as long as Attorney does not give the abstract company anything of value in exchange for the referral. Attorney may be employed by a title insurance company to provide opinions to that company upon which it would base its decision regarding the issuance of title insurance. In this situation, the client would be the title insurance company and the compensation would come from the client.

QUESTION: Attorney has been suspended with leave to apply for reinstatement in six months. May Attorney stay in a case in which there will be no further action for six months? ANSWER: No. Under Rule 5.25, Attorney must withdraw. Under Rule 5.26, reinstatement is not automatic.

QUESTION: Attorney is licensed in Texas but not Missouri. Attorney´s client is a Texas resident who was involved in an automobile accident in Missouri. May Attorney engage in settlement negotiations with the insurance company, from Texas, without engaging in the unauthorized practice of law in Missouri? Attorney will affiliate with a Missouri attorney if it becomes necessary to file suit. ANSWER: Yes, as long as Attorney engages in the negotiations from Texas and does not misrepresent Attorney´s ability to file suit in Missouri.

QUESTION: The firm proposes to retain a debt collection agency to collect delinquent attorney fees. If the law firm may retain such an agency, may it disclose: (a) the name of the client; (b) client´s address; (c) amount payable by the client; (d) description of the services provided including billing memoranda and time sheets; (e) materials within the client´s file; (f) information in the firm´s possession about the client such as financial status, assets, etc.? ANSWER: The information in (a) through (d) generally may be disclosed unless the circumstances of the representation are such that the client could reasonably expect it to be confidential. The information in (e) and (f) may only be disclosed when, and to the extent, it has been placed in issue by the client´s response to the collection efforts.

QUESTION: Does the preparation, supervision of execution and recording a deed by an out of state lawyer who is not licensed in Missouri constitute the unauthorized practice of law in Missouri? ANSWER: Not if all of the work is done in the other state.

QUESTION: Attorney would establish a general business corporation that would obtain a real estate license. The corporation would review leases for businesses to verify that they reflect the business deal and that there are no other business terms or provisions contained in the lease which might adversely affect the tenant. ANSWER: This would involve the unauthorized practice of law. A general business corporation may not practice law. Reviewing the lease and verifying that it reflects the business deal would not be the practice of law. However, determining that there are no other business terms or provisions that would adversely affect the tenant would be the practice of law. Inserting clauses into a landlord´s lease form and making comments regarding these provisions would be the practice of law.

QUESTION: May an attorney who is licensed to practice in another state but not in Missouri, and who currently resides in Missouri practice in Missouri under the visiting attorney rule, Rule 9.03. ANSWER: No.

QUESTION: Attorney represents a client on a real estate contract. A person (X) who is not an attorney or a real estate professional comes to Attorney´s office with client and informs Attorney that X has negotiated the contract for client. X has been advising client on possibly conveying the real estate to a charitable trust which client has established and of which X is trustee. (1) Should Attorney advise X that X is violating the law? (2) Should Attorney report X to the proper authorities? (3) Should Attorney inform client that X is engaging in the unauthorized practice of law? (4) Should Attorney refuse to represent client further in this situation? ANSWER: (1) Attorney should not advise X of anything because X would become a client and this would create a conflict with Attorney´s current client under Rule 4-1.7(a). (2) Yes. (3) Attorney should advise client of the concerns using Attorney´s legal judgment. (4) Attorney may continue to represent client as long as X has no further involvement in the transaction. Attorney must advise client of the ramifications of having a third party present during attorney-client conferences.

QUESTION: Attorney would participate in a living trust program run by a separate company. Non-attorneys who are not under the supervision of an attorney would contact the clients and gather information to prepare the living trust and would obtain a check for the company and a check for the attorney. Attorney would be a review attorney for documents sent by the company and advising the company of any changes needed to comply with Missouri law. Attorney will be compensated by the clients at a rate set by the company. Attorney is encouraged to make direct contact with the clients. Attorney will send the approved trust document or recommendations to the company. The company will send the final document to the client. ANSWER: This program would violate the following rules within Rule 4: 1.6, 1.7(b), 5.3, 5.4, 5.5, 7.3(b) and 8.4(a).

QUESTION: Are there rule violations if: (1) a lay company prepares estate planning documents including living trusts and wills; (2) an independent contractor, who is not an attorney, makes the documents available to clients, takes the information from the clients, explains and recommends the documents to the clients and submits the information to the lay company; (3) the lay company prepares a set of documents which are returned to the client; (4) the client pays the independent contractor at the time of the sale and also writes a check for an attorney who works with the lay company; (5) an attorney receives the drafted living trust and prepares an opinion letter which is sent to the client; (6) the attorney does not give an opinion on the will and may or may not prepare documents to fund the living trust. ANSWER: (1) This would constitute the unauthorized practice of law. (2) and (3) Each would be engaging in the unauthorized practice of law and aiding and abetting the other in the unauthorized practice of law. (4), (5) and (6) This would be the unauthorized practice of law and assisting the unauthorized practice of law by the lay company and the independent contractor. It would be assisting the unauthorized practice by the attorney. The attorney would also be violating Rules 4-5.4 and 4-7.3(b) as a result of the solicitation.

QUESTION: Attorney´s title company would like to have non-attorneys draft easement deeds using form documents. Would this be the unauthorized practice of law? ANSWER: Yes, and if Attorney assists in this activity, Attorney will violate Rule 4-5.5.

QUESTION: Attorney has questions about several situations. (1) Client would obtain trust documents from a company which customizes them for client´s financial advisor firm. Attorney would review the document and approve it or suggest changes. (2) Attorney would be employed by the financial advisor firm and draft wills and trusts for its clients. (3) Financial advisor firm refers clients to Attorney just as any friend or former client might. (4) The financial advisor company would advertise that it has an attorney to handle certain matters for its clients. (5) Financial advisor company sets up a legal department to handle the legal affairs of the company and the company´s clients. ANSWER: (1) This raises concerns that Attorney would be assisting in the unauthorized practice of law in violation of Rule 5.5. Other problems may be raised if more details were provided. (2) This would involve assisting the unauthorized practice of law. There may be violations of Rule 7.3(b) regarding in person solicitation. There could be other problems depending on the specifics. (3) Referrals are acceptable as long as that is all that´s involved. No relationship other than that of attorney and client should exist. Rule 7.2(c) prohibits a lawyer from giving anything of value in exchange for a referral. (4) This would involve assisting the unauthorized practice of law. (5) This would be the unauthorized practice of law.

QUESTION: Attorney accepts referrals for estate planning from insurance agents. Attorney is available in person or by telephone to answer legal questions. The agent is not obligated to recommend Attorney. The agent obtains basic estate planning information using a form and sends it to Attorney. Attorney is paid directly by the client and pays no part of the fee to the agent. Attorney reviews the information and contacts the client. Attorney prepares estate planning documents. Attorney gives the documents to the agent for delivery to the client. The agent assists the client with execution and transfer of assets. Clients are told to contact Attorney with que ANSWER: It appears the agent is engaging in in person solicitation on Attorney´s behalf in violation of Rule 4-7.3(b). Based on a review of the forms, it appears legal advice would be needed to fill them out. Since they are filled out by the agent and the client, it appears the agent is engaged in the unauthorized practice of law and Attorney is violating Rule 4-5.5 by assisting the unauthorized practice. Because the agent does not have a relationship with Attorney and is not supervised by Attorney, giving the documents to the agent for delivery would create problems with confidentiality under Rule 4-1.6 and would further involve the unauthorized practice of law.

QUESTION: (1) Attorney A is licensed in another state and not in Missouri. Attorney B is licensed in Missouri. A holds living trust seminars and holds B out as a part of A´s estate planning team. A and B are not part of a firm. B meets with clients, obtains intake information and proposes estate planning documents to be prepared by A. B ships the information to A who prepares the documents and ships them back to B to supervise signature. B has no authority to make subtantive changes. B receives the fee and sends it to A who gives B a percentage without disclosure. (2) May Attorney B be on seminar panels on estate planning with non-attorneys? No specific advice given. ANSWER: (1) Attorney A would be engaging in the unauthorized practice of law in Missouri in violation of Rule 4-5.5(a). Attorney B would be violating Rule 4-5.5(b) by assisting A´s unauthorized practice. (2) If no specific legal advice is given at a seminar, it would not be the practice of law and, therefore, an attorney on the panel would not be assisting the unauthorized practice of law.

QUESTION: May Attorney, who is not licensed in Missouri, move to Missouri and practice as a visiting attorney until Attorney becomes licensed in Missouri either with or without examination? ANSWER: No. Rule 9.03 does not authorize the kind of ongoing activity described.

QUESTION: Attorney works for the federal government in Washington, D.C. and is a licensed in Missouri paying out of state fees. On a few occasions since Attorney was designated an out of state attorney, Attorney has temporarily been physically located within Missouri working exclusively for the federal government. Should Attorney have paid resident fees for these periods? ANSWER: No.

QUESTION: Attorney is considering participating in a broadcast station´s coverage of legal issues. This participation might include reporting and commenting on news stories about law and features providing legal information. Other than in response to questions posed by interviewers in a news capacity, or as part of a broadcast discussion of a specific subject, Attorney does not anticipate commenting or rendering advice about specific factual situations. Attorney is not licensed in Missouri but the broadcast will be in Missouri as well as another state. ANSWER: Assuming Attorney doesn´t have an attorney-client relationship with anyone, including the station, in connection with this situation and assuming that Attorney won´t be giving any legal advice to specific individuals, Attorney´s proposed conduct would not violate the Rules of Professional Conduct.

QUESTION: Company sets up a seminar on living trusts. An attorney presents legal information and answers questions. Complimentary consultations would be set up on request but not necessarily with the same attorney. The consulting attorney evaluates the client´s needs and prepares any necessary documents. Fees are pre-determined but may be lowered. Fees are paid to the attorney who pays the company for the seminar cost and secretarial support which amounts to approximately two thirds of the fee. All legal work and advice are provided by consulting attorney or associate. Company provides an office for attorney to meet with clients. There is a management agreement. ANSWER: No problem with attorneys being from different firms or with the company providing an office. However, it appears that fee splitting is occurring and that, therefore, concerns exist related to the unauthorized practice of law. There would be a problem with the management agreement if it contains anything similar to a covenant not to compete.

QUESTION: Attorney enters into a relationship with a company which makes the initial contact with individuals regarding possible estate planning. Estate planning documents are drafted by a lawyer employed by the company outside Missouri. The documents and data are delivered to the attorney for review. The documents are delivered to the individual by a representative of the corporation. ANSWER: The question does not provide enough specific information for an opinion. However, a number of rules may be involved depending on the exact nature of the relationships and procedures followed. These include: Rule 1.7(b), Conflict of Interest: General Rule; Rule 5.4, Professional Independence of a Lawyer; Rule 5.5, Unauthorized Practice of Law; Rule 7.2(c) Advertising; and Rule 7.3(b), Direct Contact with Prospective Clients.

QUESTION: May attorney enter into a relationship with insurance agents related to estate planning for clients of the insurance agents? ANSWER: If the insurance agents are ONLY identifying a potential need for legal estate planning work and informing the client of their belief that the client would benefit from legal advice, it would not constitute the unauthorized practice of law. No further opinion can be given without specific details of the proposed arrangement.

QUESTION: Would an attorney, who assisted a collection agency in setting up a system in which it has an in-house attorney hired and paid by the collection agency but filing suits in the names of the agency´s clients, be assisting the unauthorized practice of law? ANSWER: Yes.