Supreme Court Rules - Rule 6 - Rules Governing the Missouri Bar and the Judiciary - Fees to Practice Law: Annual Enrollment Fee and Statement - Exemptions - Penalties - Pro Hac Vice Fee

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Supreme Court Rules

		Section/Rule:	6.01
Subject:	Rule 6 - Rules Governing the Missouri Bar and the Judiciary - Fees to Practice Law	Publication / Adopted Date:	May 14, 1999
Topic:	Annual Enrollment Fee and Statement - Exemptions - Penalties - Pro Hac Vice Fee - Pro Bono Waiver	Revised / Effective Date:	January 1, 2020

6.01. Annual Enrollment Fee and Statement - Exemptions - Penalties - Pro Hac Vice Fee - Pro Bono Waiver

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Fee Due.

Each person licensed to practice law in this state shall pay to the clerk of this Court on or before January 31st of each year an enrollment fee, which shall be the total of the sums approved by this Court as the low income legal services fee, the bar fee and the advisory committee fee. The fee is due and shall be paid regardless of any assessment, notice or demand by the clerk of this Court. Payment of the annual enrollment fee on or before January 31st of each year under this

Rule 6.01

means either receipt thereof by the clerk on or before January 31st or the placing of the fee in the United States mail addressed to the clerk of this Court on or before January 31st. If January 31st is a Saturday, Sunday, or a legal holiday, payment of the enrollment fee must be made by the end of the next day that is neither Saturday, Sunday, nor a legal holiday.

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Information to be Furnished to the Clerk of this Court

. At the time of payment of the enrollment fee, a lawyer shall furnish to the clerk of this Court an annual enrollment statement, on a form to be prescribed by the clerk, that shall provide:

1. The lawyer's name;

2. The lawyer's current mailing address and e-mail address;

3. The lawyer's attorney enrollment number, as assigned by the clerk upon the lawyer's admission to the bar;

4. The county, or city of St. Louis, if applicable, and, if other than Missouri, the state in which the lawyer maintains his or her residence; and

5. The voting place designated by the lawyer for purposes of voting for members of The Missouri Bar board of governors.

In addition to the information on the annual enrollment statement, the lawyer shall notify the clerk of this Court of every change in the lawyer's current mailing or e-mail address.

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Initial Fee for New Members.

A person admitted to the bar for the first time in this state, except a person admitted under

, shall not be required to pay an enrollment fee until the 31st of January next following admission to the bar.

A person admitted to the bar of this state under Rule 8.10, Rule 8.105, Rule 9.09, or Rule 13.06 shall pay a proportional enrollment fee when first admitted. The proportional fee shall be calculated on the basis of the enrollment fee for the category selected by the person in effect on the date the person is admitted multiplied by the number of full months remaining in the calendar year the person is admitted divided by twelve.

(d) Persons Exempt from Fee. A person who is in good standing as a member of The Missouri Bar and:

(1) Is a retired judge, or

(2) Is a retired commissioner of a Missouri court of record, or

(3) Has been licensed to practice in this state for fifty years or more, or

(4) Has reached the age of seventy-five years

is excused from the payment of enrollment fees or inactive fees becoming due and payable thereafter.

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Receipt from Clerk.

The clerk of this Court shall give each person paying the enrollment fee or excused from paying the enrollment fee a receipt therefor, which shall be evidence of the lawyer's good standing.

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Automatic Suspension.

As provided in

Rule 6.05

, no lawyer shall be permitted to practice law or undertake or attempt to do a law business after the time the lawyer's name is stricken from the roll of attorneys pursuant to

Rule 6.02

. In default of timely paying the annual enrollment fee, the lawyer shall be subject to automatic suspension. Any lawyer thus suspended for such nonpayment shall be retroactively reinstated as a matter of course upon paying the enrollment fee prescribed for each calendar year of the suspension plus the accumulated penalty. If any lawyer remains delinquent for three consecutive years in the payment of any annual enrollment fee, the lawyer shall be required to apply to this Court under

Rule 5.28

for reinstatement as a member in good standing.

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Additional Penalty for Nonpayment.

A penalty of $50.00 shall be paid if a member is delinquent in the payment of fees. In addition, a penalty of $5.00 per month shall be paid for each month or fraction thereof during which a member is delinquent in payment of fees beginning with the month of March next following January 31st.

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Waiver of Fees and Penalties by Advisory Committee.

The advisory committee may waive current and past enrollment fees and penalties for any lawyer unable to engage in the practice of law as a result of physical or mental incapacity. The lawyer shall present proof satisfactory to the committee of such incapacity. Any lawyer granted such a waiver shall be deemed to have accepted inactive status unless the committee determines that such incapacity no longer exists and so notifies the clerk of this Court. The committee shall notify the chief disciplinary counsel of each waiver granted and the reason therefor.

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Voting for Board of Governors.

For purposes of

Rule 6.01(b)(5),

the voting place designated shall be the place where the lawyer is employed or maintains his or her principal office for the full-time practice of law. The voting place designated at the time of the payment shall be one of the following:

(1) The city of St. Louis,

(2) The Kansas City portion of Jackson County,

(3) The portion of Jackson County that does not include Kansas City, or

(4) Any county other than Jackson County.

If the lawyer is a resident of Missouri but is not employed or engaged in the practice of law in Missouri, the voting place shall be the place in which the lawyer resides. The voting place designated shall be deemed the place of enrollment for the purposes of Rule 7.03.

A lawyer in category (3) under Rule 6.01(j) is ineligible to vote for election of members of The Missouri Bar board of governors. A lawyer in category (3) may elect to pay the same enrollment fee assessed for lawyers in category (1) or, if eligible, the fee assessed for category (2) and become eligible to vote for the election of members of the board of governors. In the event of such election, the lawyer shall designate, for voting purposes, the voting place where the lawyer either last resided or maintained an office for the full-time practice of law or was employed.

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Setting Bar Fee.

The board of governors of The Missouri Bar is hereby authorized to fix the amount of the bar fee to be paid by each person licensed to practice law in this state. Such fee may be fixed at a different amount for each of the following categories of persons:

(1) All persons licensed and not included in category (2) or (3);

(2) Persons licensed less than three years, except those admitted to the bar without examination;

(3) Persons licensed but who neither reside, nor practice, nor are employed in this state;

provided, however, that any person included in both categories (2) and (3) need pay only the lesser of the two amounts applicable.

A certified copy of a resolution fixing the bar fee shall be filed with this Court on or before October 15th of the year prior to the effective date of any change in amount of the bar fee for any category of persons. The fee shall be effective January 1st next thereafter, unless this Court shall by order on or before November 1st following the date the resolution is filed disapprove the same in whole or in part.

The board shall file with its resolution a certified copy of:

(1) The financial statement of The Missouri Bar for the immediately preceding calendar year and an interim report for the current year to a date not more than forty-five days prior to filing of the resolution, and

(2) Its proposed budget for the next two calendar years thereafter.

The board shall inform members of the bar of its intent to change the bar fee and the amount thereof as well as the amount of the advisory committee fee fixed by this Court for the next ensuing year. Members shall be informed by letter or by publication of notice thereof in any publication of The Missouri Bar circulated to its members fifteen days next before the adoption of such resolution. The letter or notice shall designate therein the time and place of the board meeting where such resolution will be considered.

The board shall provide for a reasonable time during the meeting in which a resolution to change the amount of the bar fee is being considered for expression of views of members of The Missouri Bar concerning the same.

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Setting Advisory Committee Fee.

This Court shall fix the amount of the advisory committee fee by order. The fee may be fixed at a different amount for each of the categories of persons described above. The fee shall be fixed not later than August 31st of each year, and the board of governors of The Missouri Bar shall be informed thereof not later than September 5th next thereafter. The fee shall be deposited in the advisory committee fund.

If the chief disciplinary counsel deems it necessary that the amount of the advisory committee fee for the next ensuing year be changed, the chief disciplinary counsel shall so advise this Court not later than July 15th prior thereto and the amount recommended. The recommendations of the chief disciplinary counsel shall be accompanied by:

(1) A financial statement of the advisory committee fund for the immediately preceding calendar year and an interim report for the calendar year to a date not more than 45 days prior to filing of the recommendation, and

(2) The proposed budget of the chief disciplinary counsel for the next two calendar years thereafter.

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) Setting the Low Income Legal Services Fee. This Court shall fix the amount of the low income legal services fee by order. The fee may be fixed at a different amount for each of the categories of persons described above. The fee shall be paid to the clerk of this Court, who shall deposit the fee in the basic civil legal services fund created by

section 477.650, RSMo

as provided in

Rule 6.07

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Current Fee.

The amounts fixed by this Court for the low income legal services fee, bar fee and the advisory committee fee shall be as follows for each of the categories of persons described above:

Category	Low Income Legal Services Fee	Bar Fee	Advisory Committee Fee	Total Annual Enrollment Fee
(1) All others	$30.00	$279.00	$101.00	$410.00
(2) Fewer than three years	$30.00	$149.00	$101.00	$280.00
(3) Non- resident	$30.00	$194.00	$101.00	$325.00

The total amount of the low income legal services fee, the bar fee and the advisory fee for each category shall be the enrollment fee for that category for the year 2014 and the subsequent years unless and until changed as here in above provided.

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Pro Hac Vice Fee.

A lawyer seeking to appear pursuant to

Rule

9.03

shall pay a fee equal to the fee paid by lawyers under Rule

6.01(j)(1)

, with the fee to be paid for each case in each court or administrative tribunal in which the lawyer seeks to appear. The fee shall be paid to the clerk of this Court, who shall transfer the fee to The Missouri Bar as provided in Rule

6.07

The clerk shall issue a receipt indicating the case and court in which the attorney seeks to appear. The fee will not be refunded if the court refuses to permit the attorney to appear.

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Pro Bono

Waiver of Annual Enrollment Fee. A lawyer whose Missouri license is in good standing may file a request for waiver of the Missouri annual enrollment fee required by this Rule 6.01 if the lawyer provides or agrees to provide

pro bono

legal services in Missouri to an approved legal assistance organization and meets the criteria and requirements of this Rule 6.01(o).

(1) A lawyer seeking a

pro bono

waiver of the annual enrollment fee must:

(A) Certify to the Supreme Court in a sworn statement provided to the clerk of the Supreme Court each year the waiver is sought the lawyer's agreement that he or she will not practice law in Missouri except as a

pro bono

lawyer, and will neither ask for nor receive compensation of any kind for the legal services authorized hereunder;

(B) Participate in and comply with any training required by the approved legal assistance organization for which the lawyer is providing

pro bono

legal services, which training the lawyer may count toward satisfaction of the lawyer's

Rule 15

continuing legal education requirements for the MCLE compliance year in which the training was taken if the waiver is approved;

(C) Provide a certification from the highest court in each other state, territory, or district in which the lawyer is licensed to practice law certifying that the lawyer is in good standing;

(D) Provide a certification from an approved legal assistance organization stating the lawyer is currently associated with or has offered to provide

pro bono

legal services and the approved legal assistance organization is willing to accept those services. The approved legal assistance organization may set a minimum number of

pro bono

hours that the lawyer seeking certification must agree to provide for that calendar year. For the purposes of this Rule 6.01(o), an "approved legal assistance organization" is one that meets the requirements of

section 105.711.2, RSMo

, or is approved by this Court for services under this Rule.

(2) Upon receipt of a lawyer's sworn statement and associated certifications under this Rule:

(A) The clerk of the Supreme Court shall determine, in the clerk's discretion, whether to approve the initial year's request for a

pro bono

waiver. In making its determination the clerk shall consider the number of persons applying for the

pro bono

waiver, the needs of the approved legal assistance organization, the willingness of the approved legal assistance organization to accept

pro bono

assistance from the lawyer, and the overall needs and responsibilities of administering the

pro bono

waiver rule.

(B) If the request is approved, the clerk of the Supreme Court shall issue the lawyer a

pro bono

waiver for the year applied for. The waiver shall be valid until the end of the calendar year in which the certifications are submitted, unless the lawyer or the approved legal assistance organization sends notice to the clerk that the lawyer's participation has ended sooner. The lawyer shall notify the clerk within 30 days of ending his or her participation with the approved legal assistance organization for which the lawyer is providing

pro bono

legal services. In the event a lawyer that received a

pro bono

waiver of the annual enrollment fee is no longer participating with the approved legal assistance organization prior to the conclusion of the calendar year for which the waiver was received, the clerk, in the clerk's discretion, may prorate the waiver amount and impose some or all of the annual enrollment fee.

(3) A lawyer with a

pro bono

waiver may annually renew the waiver by submitting, on or before November 1, a statement certifying the following:

(A) He or she continues to provide

pro bono

legal services to an approved legal assistance organization and has taken part in any required training;

(B) The number of

pro bono

hours provided in the prior year; and

(C) He or she continues to participate and has taken part in any training required by the approved legal assistance organization. Such training shall continue to count toward the lawyer's annual

Rule 15

continuing legal education requirements.Any such renewal is valid until the end of the calendar year in which the statement with certifications is submitted.

(4) An approved legal assistance organization seeking to utilize lawyers with a

pro bono

waiver shall certify to the clerk of the Supreme Court by November 1 the following:

(A) The names and bar numbers of the lawyers who will coordinate the activities of any lawyer performing

pro bono

legal services for the organization under this Rule 6.01(o); and

(B) That it has professional liability malpractice insurance that will cover the lawyer performing

pro bono

legal services for the organization under this Rule 6.01(o), including coverage available through Missouri's legal expense fund, under

section 105.711, RSMo

, and the amount of such coverage.

(Adopted eff. Nov. 1, 1976. Amended Jul. 27, 1978, eff. Jan. 1, 1979; Nov. 1, 1979, eff. Jan. 1, 1980; Jun. 16, 1981, eff. Jan. 1,1982; Oct. 18, 1988, eff. Nov. 1,1988; Nov. 20, 1990, eff. Jul. 1, 1991; amended Dec. 8, 1990; amended Jun. 11, 1991, eff. Jan. 1, 1992; amended July 1, 1991; amended Oct. 16, 1991, eff. Jan 1, 1992; amended Mar. 2, 1992; amended June 2, 1992, eff. Jan. 1, 1993; Oct. 27, 1992, eff. Jan. 1, 1993; Mar. 21,1995, eff. Sept. 1, 1995; Sept. 27, 1995, eff. Jan. 1, 1996; May 14, 1999, eff. Jan. 1, 2000; Aug. 21, 2001, eff. Sept. 1, 2001; May 29, 2002, eff. Dec. 1, 2002; Sept 24, 2002, eff Nov. 1, 2002; Nov. 26, 2002, eff. Dec. 1, 2002; Nov. 26, 2002, eff. Dec. 1, 2002; Nov. 26, 2002, eff. Jan. 1, 2003; Mar. 30, 2004, eff. July 1, 2004; Jun. 21, 2005, eff. Jul. 1, 2005; eff. Jan. 12, 2006; Dec. 11, 2008, eff. Jan. 1, 2009; Nov. 9, 2010; eff Dec. 1, 2010; Oct. 25, 2011, eff. Jan. 1, 2012; amended and eff. Nov. 8, 2013; amended Dec. 19, 2013, eff. Jul. 1, 2014; Dec. 18, 2018, eff. Jan. 1, 2020.)