Supreme Court Rules - Rule 8 - Rules Governing the Missouri Bar and the Judiciary - Admission to the Bar: Limited Admission for In-House Counsel

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	8.105
Subject:	Rule 8 - Rules Governing the Missouri Bar and the Judiciary - Admission to the Bar	Publication / Adopted Date:	June 23, 1995
Topic:	Limited Admission for In-House Counsel	Revised / Effective Date:	September 1, 2023

8.105. Limited Admission for In-House Counsel

(a) A lawyer admitted to the practice of law in another United States jurisdiction, or who is a foreign lawyer, may receive a limited license to practice law in this state if the lawyer:

(1)

Has accepted an offer of employment in Missouri as a lawyer exclusively for: a corporation, its subsidiaries or affiliates; an association; a business; or a governmental entity and the employer’s lawful business consists of activities other than the practice of law or the provision of legal services;

(2)

(A) Is a lawyer admitted in another United States jurisdiction and has been conferred a first professional degree in law (J.D. or LL.B.) by a law school that at the time of the lawyer's graduation was approved by the American Bar Association; or

(B) Is a foreign lawyer and is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority;

(3)

Has filed such application forms as prescribed by the board and paid the prescribed fee, which is non-refundable;

(4)

Has filed documents proving admission to practice law and current good standing in all jurisdictions, United States and foreign, in which the lawyer is admitted to practice law;

(5) If the jurisdiction is foreign and the documents are not in English, the lawyer shall submit an English translation and satisfactory proof of the accuracy of the translation;

(6) Has filed an affidavit from an officer, director, or general counsel of the employing entity attesting to the lawyer's employment by the entity and the capacity in which the lawyer is so employed, and stating that the employment conforms to the requirements of this Rule; and

(7) Receives the approval of the board.

(b) Licensure pursuant to this Rule 8.105 is not a matter of right and shall be granted only in those cases where the public interest, considering the character, background and employment of the applicant, is furthered by issuing a license.

(c) The license issued pursuant to this Rule 8.105 only authorizes the lawyer to practice exclusively for an employer meeting the requirement of Rule 8.105(a)(1) and to engage in pro bono work with an organization approved for this purpose by The Missouri Bar. In all other respects, the lawyer receiving a license pursuant to this Rule 8.105 shall be deemed a lawyer licensed to practice law in this state.

(d) A limited license issued pursuant to this Rule 8.105 shall be automatically nullified if the lawyer's employment in this state by the employer qualifying under Rule 8.105(a)(1) is terminated or if the lawyer is no longer licensed to practice law in another United States or foreign jurisdiction as required by Rule 8.105(a).

The limited license shall be reinstated if a lawyer's employment is terminated and:

(1) Another employer qualifying under Rule 8.105(a)(1)

immediately thereafter employs the lawyer, and

(2) The lawyer notifies the clerk of this Court of the new employer.

A lawyer admitted pursuant to this Rule 8.105 is required to immediately notify the clerk of this Court of any change in the lawyer’s employment or in the lawyer’s licensure status in another United States or foreign jurisdiction.

In conjunction with the annual enrollment statement required by Rule 6.01, a lawyer admitted pursuant to this Rule 8.105 shall certify that the lawyer is still employed by the employer qualifying under Rule 8.105(a)(1) or that the lawyer is no longer qualified for the license provided by this Rule 8.105.

(e) A lawyer admitted pursuant to this Rule 8.105 is required to meet the continuing legal education requirements specified in Rule 15.

(Adopted March 3, 1994, effective July 1, 1994. Amended October 16, 1995, effective March 1, 1996; Amended March 26, 1996, effective July 1, 1996; Amended September 24, 1997, effective January 1, 1998; Amended September 3, 2003, effective October 1, 2003; Amended November 25, 2003, effective January 1, 2004; Amended March 7, 2005, effective July 1, 2005; Amended September 26, 2017, effective September 26, 2017; Amended January 31, 2023, effective September 1, 2023. )

Regulations of Board of Law Examiners

[Repealed by Missouri Supreme Court order dated March 7, 2005, effective July 1, 2005.]