Inactive Attorneys: Practicing Law In Missouri?

In the state of Missouri, an inactive attorney is not permitted to practice law or undertake law business. An attorney can elect to become inactive under Rule 6.03 and can apply for a return to active status under Rule 6.06. An inactive attorney is not subject to the Minimum Continuing Legal Education (MCLE) requirement. A Missouri lawyer who is in good standing and has been licensed to practice for 50 years or more or has reached the age of 75 years is exempt from paying annual enrollment or inactive fees.

What constitutes the active practice of law in Missouri?

The active practice of law in Missouri is a complex topic that involves various rules, regulations, and ethical considerations. One key aspect is attorney membership status, which can be active or "inactive". An active attorney is authorised to practice law in the state of Missouri, while an inactive attorney is not authorised and is considered to have ceased the practice of law.

To maintain active status and be permitted to practice law in Missouri, an attorney must meet certain requirements, including the timely completion of continuing legal education (CLE) and the payment of enrollment fees. Failure to comply with these requirements can result in suspension or a change in status to "inactive".

The Missouri Supreme Court plays a crucial role in regulating the practice of law in the state. Attorneys who wish to represent clients in court proceedings must be registered with the Missouri Supreme Court and meet specific qualifications, such as residing or having an office in the relevant county (in this case, Jackson County). The court may also appoint attorneys to represent indigent defendants in criminal and post-conviction proceedings, ensuring access to legal counsel for those who cannot afford it.

Additionally, the concept of multi-jurisdictional practice comes into play in Missouri. This refers to situations where attorneys practice law across multiple states or jurisdictions. The Missouri Bar Committee on Multi-Jurisdictional Practice has addressed issues related to this, including funding considerations and potential solutions such as entering into a multistate or regional compact with neighbouring states.

In conclusion, the active practice of law in Missouri entails strict adherence to the rules and regulations set forth by the state, including maintaining good standing with the Missouri Supreme Court, fulfilling educational and fee requirements, and being mindful of any ethical considerations that may arise, especially in multi-jurisdictional scenarios. By staying compliant with these standards, attorneys can effectively serve their clients and uphold the integrity of the legal profession in Missouri.

Can an inactive attorney represent family and friends?

In Missouri, an inactive attorney is not permitted to represent family and friends, or engage in pro bono work, without first returning to active status. This is considered unauthorized practice pursuant to Rule 6.05. An inactive lawyer may apply for a return to active status under Rule 6.06.

A lawyer who is stricken from the roll of attorneys, fails to complete the continuing legal education requirements, or who elects to become inactive and continues to practice law or do law business in the state of Missouri is guilty of professional misconduct and of the unauthorized practice of law.

The Missouri Supreme Court may appoint an attorney to represent a parent or custodian in cases where the parent or custodian is indigent and representation is required by law or Supreme Court rule. The Court may also appoint counsel in criminal cases, other than those from the Office of the Public Defender, from a current alphabetical list of attorneys registered with the Missouri Supreme Court who are in Category (1), (2), or (3) and whose office is located in or who reside within Jackson County, Missouri.

Attorneys who are in good standing and have been licensed to practice in Missouri for 50 years or more, or have reached the age of 75 years, are exempt from paying annual enrollment or inactive fees.

Can an inactive attorney do pro bono work?

In Missouri, an attorney who has ceased to practice law and changed their license status to inactive is no longer licensed to practice law in the state. Such an attorney is no longer authorized by the Missouri Supreme Court to practice law. Engaging in the practice of law or law business in this state without a license is considered professional misconduct and an unauthorized practice of law.

However, in some states, like North Carolina and Illinois, inactive attorneys can perform pro bono services. In North Carolina, per N.C.G.S. 84-16, inactive lawyers can provide pro bono legal assistance to indigent clients through a nonprofit legal services corporation under the supervision of an active member of the North Carolina State Bar. In Illinois, per Illinois Supreme Court Rule 756(k), inactive attorneys can perform pro bono services through a not-for-profit legal services organization, governmental entity, law school clinical program, or bar association sponsoring entity.

Can an inactive attorney work as a paralegal?

In Missouri, an attorney who has ceased to practice law and has changed their license status to inactive is no longer licensed and is not authorized by the Missouri Supreme Court to practice law. An inactive attorney is not permitted to represent family and friends or engage in pro bono work, as this would be considered unauthorized practice.

An inactive attorney may, however, work as a paralegal or legal assistant. It is important to note that even with the title of paralegal or legal assistant, an inactive attorney must refrain from providing legal services. If an inactive attorney wishes to return to active status and practice law, they may apply for reinstatement under Rule 6.06.

An inactive attorney in Missouri who wishes to work as a paralegal should be mindful of the ethical considerations and refrain from practicing law without authorization. They should also be aware of the rules and regulations governing inactive attorneys, including any exemptions from enrollment or inactive fees that may apply based on age and years of practice.

In summary, while an inactive attorney in Missouri cannot practice law, they may work as a paralegal or legal assistant, provided they do not provide legal services. If an inactive attorney wishes to resume practicing law, they must apply for reinstatement to active status.

What are the requirements for an attorney to return to active status?

An inactive attorney in Missouri is not permitted to practice law or undertake or attempt to do law business. However, an inactive lawyer may apply for a return to active status under Rule 6.06.

To return to active status, an inactive attorney must first pay the enrollment fee prescribed for each calendar year of the suspension plus the accumulated penalty. If the lawyer has been licensed to practice in Missouri for 50 years or more or has reached the age of 75 years, they are exempt from paying annual enrollment fees or inactive fees under Rule 6.01(d).

An attorney who has elected "inactive" status on the Missouri Minimum Continuing Legal Education-Attorney Annual Report of Compliance must seek a return to active status before representing family and friends or engaging in pro bono work. Otherwise, they will be engaged in the unauthorized practice of law under Rule 6.05.

If an attorney is called to active duty and their enrollment fee comes due while performing such service, they may renew within 60 days of completing their military service without penalty.

Frequently asked questions