APEC economy: United States of America; Jurisdiction: Misouri
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is Supreme Court Rules 9.05 to 9.12.
Details of the requirements for qualifying for a limited licence and what a limited licence entitles a foreign lawyer to do are included in the database.
In order to offer advisory services in foreign and international law, a foreign legal consultant must enter a commercial association with local lawyers.
As at June 2009, no limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is Supreme Court of Missouri Rule No 8.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must:
- file the prescribed application forms and pay the fee;
- pass the Missouri Bar examination and the Multistate Professional Responsibility exam;
- be a citizen or national of the US or a lawful permanent resident or an alien authorised to work in the United States;
- receive approval of Board of Legal Examiners;
- graduate with a JD or first professional degree in law from an ABA approved law school or if the law degree is from a foreign or non-ABA approved law school, meet the following requirements:
- be admitted to practise law in the foreign country where the applicant's law degree was conferred or in another US jurisdiction; and either have practised law where admitted for at least three years prior to application; or
- have completed 24 semester credit hours and residence at an ABA approved law school.
These requirements are same as for a local applicant.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may not be employed by a foreign lawyer or foreign firm. Under Supreme Court Rule 4.5.4 regarding professional independence of a lawyer, a lawyer shall not permit a person who employs or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment. Further, a lawyer shall not share legal fees with a non-lawyer or form a partnership for the practice of law with a non-lawyer or practise with or in the form of a professional corporation or association if a non-lawyer owns an interest therein or if a non-lawyer is the corporate director or officer thereof or if a non-lawyer has the right to direct or control the professional judgment of a lawyer. A foreign lawyer or foreign firm would be considered a non-lawyer within the meaning of this rule;
- foreign lawyers may not provide services in some other form of commercial association with local lawyers (unless the foreign lawyer is registered as a foreign legal consultant);
- foreign firms are not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law, if the advisory services constitute the practice of law and the foreign lawyers are not registered as foreign legal consultants.
Other regulatory issues
In this jurisdiction:
- foreign lawyers cannot establish an office in the absence of enabling legislation;
- there are specific rules in relation to advertising. These rules are Supreme Court Rules 4-7.1, 4-7.2, 4-7.3, 4-7.4 and 4-7.5.
- there are specific rules in relation to use of names by lawyers or law firms. These rules are Rule 4-7.5 of the Supreme Court Rules.
Foreign lawyers and firms are treated differently from local lawyers in the application of these rules in that foreign lawyers and law firms are not allowed to form commercial associations for the practice of law in Missouri or advertise or otherwise hold themselves out as providing legal services in Missouri because they are not admitted to the practice of law.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Supreme Court of Missouri | www.courts.mo.gov |
| Peak professional association representing the legal profession | The Missouri Bar | www.mobar.org |
| Other associations playing a significant role in developing policy for the legal profession | The Board of Law Examiners | www.mble.org |
| Office of Chief Disciplinary Council | www.mochiefcounsel.org |