Supreme Court of Missouri
en banc

 
In re:

(1) Repeal of subdivision (n) of subdivision 4-1.0, entitled "Terminology;" paragraph [10] of the Comment to subdivision 4-1.0; paragraph [6] of the Comment to subdivision 4-1.1, entitled "Competence;" paragraph [4] of the Comment to subdivision 4-1.4, entitled "Communication;" subdivision (b) of subdivision 4-1.6, entitled "Confidentiality of Information;" paragraphs [15] and [16] of the Comment to subdivision 4-1.6; paragraph [6] of the Comment to subdivision 4-1.17, entitled "Sale of Law Practice;" subdivision (a) of subdivision 4-1.18, entitled "Duties to Prospective Client;" paragraphs [1], [2], [4], and [5] of the Comment to subdivision 4-1.18; subdivision (b) of subdivision 4-4.4, entitled "Respect for Rights of Third Persons;" paragraphs [2] and [3] of the Comment to subdivision 4-4.4; paragraphs [1] and [2] of the Comment to subdivision 4-5.3, entitled "Responsibilities Regarding Nonlawyer Assistants;" subdivision (d) of subdivision 4-5.5, entitled "Unauthorized Practice of Law; Multijurisdictional Practice of Law;" and paragraphs [1] and [16] of the Comment to subdivision 4-5.5, all of the foregoing as a part of Rule 4, entitled "Rules of Professional Conduct," and in lieu thereof adoption of a new subdivision (n) of subdivision 4-1.0, entitled "Terminology;" a new paragraph [10] of the Comment to subdivision 4-1.0; new paragraphs [6], [7], and [8] of the Comment to subdivision 4-1.1, entitled "Competence;" a new paragraph [4] of the Comment to subdivision 4-1.4, entitled "Communication;" new subdivisions (b) and (c) of subdivision 4-1.6, entitled "Confidentiality of Information;" new paragraphs [15], [16], [18], and [19] of the Comment to subdivision 4-1.6; a new paragraph [6] of the Comment to subdivision 4-1.17, entitled "Sale of Law Practice;" a new subdivision (a) of subdivision 4-1.18, entitled "Duties to Prospective Client;" new paragraphs [1], [2], [4], [5], and a new last paragraph following paragraph [8] of the Comment to subdivision 4-1.18; a new subdivision (b) of subdivision 4-4.4, entitled "Respect for Rights of Third Persons;" new paragraphs [2] and [3] of the Comment to subdivision 4-4.4; new paragraphs [1], [2], [3], and [4] of the Comment to subdivision 4-5.3, entitled "Responsibilities Regarding Nonlawyer Assistants;" new subdivisions (d) and (f) of subdivision 4-5.5, entitled "Unauthorized Practice of Law; Multijurisdictional Practice of Law;" and new paragraphs [1] and [16] of the Comment to subdivision 4-5.5.

(2) Repeal of subdivision 8.105, entitled "Limited Admission for In-House Counsel," of Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of a new subdivision 8.105, entitled "Limited Admission for In-House Counsel."

1. It is ordered that effective September 26, 2017, subdivision (n) of subdivision 4-1.0; paragraph [10] of the Comment to subdivision 4-1.0; paragraph [6] of the Comment to subdivision 4-1.1; paragraph [4] of the Comment to subdivision 4-1.4; subdivision (b) of subdivision 4-1.6, paragraphs [15] and [16] of the Comment to subdivision 4-1.6; paragraph [6] of the Comment to subdivision 4-1.17; subdivision (a) of subdivision 4-1.18; paragraphs [1], [2], [4], and [5] of the Comment to subdivision 4-1.18; subdivision (b) of subdivision 4-4.4; paragraphs [2] and [3] of the Comment to subdivision 4-4.4; paragraphs [1] and [2] of the Comment to subdivision 4-5.3; subdivision (d) of subdivision 4-5.5; and paragraphs [1] and [16] of the Comment to subdivision 4-5.5, of Rule 4 be and the same are repealed and a new subdivision (n) of subdivision 4-1.0; a new paragraph [10] of the Comment to subdivision 4-1.0; new paragraphs [6], [7], and [8] of the Comment to subdivision 4-1.1; a new paragraph [4] of the Comment to subdivision 4-1.4; new subdivisions (b) and (c) of subdivision 4-1.6; new paragraphs [15], [16], [18], and [19] of the Comment to subdivision 4-1.6; a new paragraph [6] of the Comment to subdivision 4-1.17; a new subdivision (a) of subdivision 4-1.18; new paragraphs [1], [2], [4], [5], and a new last paragraph following paragraph [8] of the Comment to subdivision 4-1.18; a new subdivision (b) of subdivision 4-4.4; new paragraphs [2] and [3] of the Comment to subdivision 4-4.4; new paragraphs [1], [2], [3], and [4] of the Comment to subdivision 4-5.3; new subdivisions (d) and (f) of subdivision 4-5.5; and new paragraphs [1] and [16] of the Comment to subdivision 4-5.5 be adopted in lieu thereof to read as follows:

4-1.0 TERMINOLOGY

(n) "Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video recording, and electronic communications. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.

[10] The purpose of screening is to assure the affected parties that confidential information known by the personally disqualified lawyer remains protected. The personally disqualified lawyer should acknowledge the obligation not to communicate with any of the other lawyers in the firm with respect to the matter. Similarly, other lawyers in the firm who are working on the matter should be informed that the screening is in place and that they may not communicate with the personally disqualified lawyer with respect to the matter. Additional screening measures that are appropriate for the particular matter will depend on the circumstances. To implement, reinforce, and remind all affected lawyers of the presence of the screening, it may be appropriate for the firm to undertake such procedures as a written undertaking by the screened lawyer to avoid any communication with other firm personnel and any contact with any firm files or other information, including information in electronic form, relating to the matter, written notice and instructions to all other firm personnel forbidding any communication with the screened lawyer relating to the matter, denial of access by the screened lawyer to firm files or other information, including information in electronic form, relating to the matter, and periodic reminders of the screen to the screened lawyer and all other firm personnel.

4-1.1 COMPETENCE

Maintaining Competence

[6] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.

Retaining or Contracting With Other Lawyers

[7] Before a lawyer retains or contracts with other lawyers outside the lawyer's own firm to provide or assist in the provision of legal services to a client, the lawyer should ordinarily obtain consent from the client and must reasonably believe that the other lawyers' services will contribute to the competent and ethical representation of the client. See also Rules 4-1.2 (Scope of Representation), 4-1.4 (Communication), 4-1.5(e) (Fees), 4-1.6 (Confidentiality of Information), and 4-5.5(a) (Unauthorized Practice of Law; Multijurisdictional Practice of Law).

[8] When lawyers from more than one law firm are providing legal services to the client on a particular matter, the lawyers ordinarily should consult with each other and the client about the scope of their respective representations and the allocation of responsibility among them. See Rule 4-1.2. When making allocations of responsibility in a matter pending before a tribunal, lawyers and parties may have additional obligations that are a matter of law beyond the scope of these Rules.

4-1.4 COMMUNICATION

[4] A lawyer's regular communication with clients will minimize the occasions on which a client will need to request information concerning the representation. When a client makes a reasonable request for information, however, Rule 4-1.4(a)(2) requires prompt compliance with the request or, if a prompt response is not feasible, that the lawyer, or a member of the lawyer's staff, acknowledge receipt of the request and advise the client when a response may be expected. A lawyer shall promptly respond to or acknowledge client communications to the lawyer.

4-1.6 CONFIDENTIALITY OF INFORMATION

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(1) to prevent death or substantial bodily harm that is reasonably certain to occur;

(2) to secure legal advice about the lawyer's compliance with these Rules;

(3) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;

(4) to comply with other law or a court order; or

(5) to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.

(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of the client.

Acting Competently to Preserve Confidentiality

[15] Paragraph (c) requires a lawyer to act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision. See Rules 4-1.1, 4-5.1, and 4-5.3. The unauthorized access to, or the inadvertent or unauthorized disclosure of, information relating to the representation of a client does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts to prevent the access or disclosure. Factors to be considered in determining the reasonableness of the lawyer's efforts include, but are not limited to, the sensitivity of the information, the likelihood of disclosure if additional safeguards are not employed, the cost of employing additional safeguards, the difficulty of implementing the safeguards, and the extent to which the safeguards adversely affect the lawyer's ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use). A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to forgo security measures that would otherwise be required by this Rule. Whether a lawyer may be required to take additional steps to safeguard a client's information in order to comply with other law, such as state and federal laws that govern data privacy or that impose notification requirements upon the loss of, or unauthorized access to, electronic information, is beyond the scope of these Rules. For a lawyer's duties when sharing information with nonlawyers outside the lawyer's own firm, see Rule 4-5.3, Comments [3]-[4].

[16] When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to the use of a means of communication that would otherwise be prohibited by this Rule. Whether a lawyer may be required to take additional steps in order to comply with other law, such as state and federal laws that govern data privacy, is beyond the scope of these Rules.

[18] Paragraph (b)(5) recognizes that lawyers in different firms may need to disclose limited information to each other to detect and resolve conflicts of interest, such as when a lawyer is considering an association with another firm, two or more firms are considering a merger, or a lawyer is considering the purchase of a law practice. See Rule 4-1.17, Comment [6]. Under these circumstances, lawyers and law firms are permitted to disclose limited information, but only once substantive discussions regarding the new relationship have occurred. Any such disclosure should ordinarily include no more than the identity of the persons and entities involved in a matter, a brief summary of the general issues involved, and information about whether the matter has terminated. Even this limited information, however, should be disclosed only to the extent reasonably necessary to detect and resolve conflicts of interest that might arise from the possible new relationship. Moreover, the disclosure of any information is prohibited if it would compromise the attorney-client privilege or otherwise prejudice the client (e.g., the fact that a corporate client is seeking advice on a corporate takeover that has not been publicly announced; that a person has consulted a lawyer about the possibility of divorce before the person's intentions are known to the person's spouse; or that a person has consulted a lawyer about a criminal investigation that has not led to a public charge). Under those circumstances, paragraph (a) prohibits disclosure unless the client or former client gives informed consent. A lawyer's fiduciary duty to the lawyer's firm may also govern a lawyer's conduct when exploring an association with another firm and is beyond the scope of these Rules.

[19] Any information disclosed pursuant to paragraph (b)(5) may be used or further disclosed only to the extent necessary to detect and resolve conflicts of interest. Paragraph (b)(5) does not restrict the use of information acquired by means independent of any disclosure pursuant to paragraph (b)(5). Paragraph (b)(5) also does not affect the disclosure of information within a law firm when the disclosure is otherwise authorized, see Comment [5], such as when a lawyer in a firm discloses information to another lawyer in the same firm to detect and resolve conflicts of interest that could arise in connection with undertaking a new representation.

4-1.17 SALE OF LAW PRACTICE

Client Confidences, Consent and Notice

[6] Negotiations between seller and prospective purchaser prior to disclosure of information relating to a specific representation of an identifiable client no more violate the confidentiality provisions of Rule 4-1.6 than do preliminary discussions concerning the possible association of another lawyer or mergers between firms, with respect to which client consent is not required. (See Rule 4-1.6(b)(5)). Providing the purchaser access to client-specific information relating to the representation such as the client's file, however, requires client consent. Rule 4-1.17 provides that before such information can be disclosed by the seller to the purchaser the client must be given actual written notice of the contemplated sale, including the identity of the purchaser, and must be told that the decision to consent or make other arrangements must be made within 90 days. If nothing is heard from the client within that time, consent to the sale is presumed.

4-1.18 DUTIES TO PROSPECTIVE CLIENT

(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.

[1] Prospective clients, like clients, may disclose information to a lawyer, place documents or other property in the lawyer's custody, or rely on the lawyer's advice. A lawyer's consultations with a prospective client usually are limited in time and depth and leave both the prospective client and the lawyer free (and sometimes required) to proceed no further. Hence, prospective clients should receive some but not all of the protection afforded clients.

[2] A person becomes a prospective client by consulting with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter. Whether communications, including written, oral, or electronic communications, constitute a consultation depends on the circumstances. For example, a consultation is likely to have occurred if a lawyer, either in person or through the lawyer's advertising in any medium, specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations, and a person provides information in response. See also Comment [4]. In contrast, a consultation does not occur if a person provides information to a lawyer in response to advertising that merely describes the lawyer's education, experience, areas of practice, and contact information, or provides legal information of general interest. Such a person communicates information unilaterally to a lawyer, without any reasonable expectation that the lawyer is willing to discuss the possibility of forming a client-lawyer relationship, and is thus not a "prospective client." Moreover, a person who communicates with a lawyer for the purpose of disqualifying the lawyer is not a "prospective client."

* * *

[4] In order to avoid acquiring disqualifying information from a prospective client, a lawyer considering whether or not to undertake a new matter should limit the initial consultation to only such information as reasonably appears necessary for that purpose. Where the information indicates that a conflict of interest or other reason for non-representation exists, the lawyer should so inform the prospective client or decline the representation. If the prospective client wishes to retain the lawyer, and if consent is possible under Rule 4-1.7, then consent from all affected present or former clients must be obtained before accepting the representation.

[5] A lawyer may condition a consultation with a prospective client on the person's informed consent that no information disclosed during the consultation will prohibit the lawyer from representing a different client in the matter. See Rule 4-1.0(e) for the definition of "informed consent." If the agreement expressly so provides, the prospective client may also consent to the lawyer's subsequent use of information received from the prospective client.

Notice, including a general description of the subject matter about which the lawyer was consulted, and of the screening procedures employed, generally should be given as soon as practicable after the need for screening becomes apparent.

4-4.4 RESPECT FOR RIGHTS OF THIRD PERSONS

(b) A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender.

[2] Rule 4-4.4(b) recognizes that lawyers sometimes receive a document or electronically stored information that was mistakenly sent or produced by opposing parties or their lawyers. A document or electronically stored information is inadvertently sent when it is accidentally transmitted, such as when an email or letter is misaddressed or a document or electronically stored information is accidentally included with information that was intentionally transmitted. If a lawyer knows or reasonably should know that such a document or electronically stored information was sent inadvertently, then this Rule requires the lawyer to promptly notify the sender in order to permit that person to take protective measures. Whether the lawyer is required to take additional steps, such as returning or deleting the document or electronically stored information, is a matter of law beyond the scope of these Rules, as is the question of whether the privileged status of a document or electronically stored information has been waived. Similarly, this Rule does not address the legal duties of a lawyer who receives a document or electronically stored information that the lawyer knows or reasonably should know may have been inappropriately obtained by the sending person. For purposes of this Rule, "document or electronically stored information" includes, in addition to paper documents, email and other forms of electronically stored information, including embedded data (commonly referred to as "metadata"), that is subject to being read or put into readable form. Metadata in electronic documents creates an obligation under this Rule only if the receiving lawyer knows or reasonably should know that the metadata was inadvertently sent to the receiving lawyer. The receiving lawyer has no obligation to look for metadata.

[3] Some lawyers may choose to return a document or delete electronically stored information unread, for example, when the lawyer learns before receiving it that it was inadvertently sent. Where a lawyer is not required by applicable law to do so, the decision to voluntarily return such a document or delete electronically stored information is a matter of professional judgment ordinarily reserved to the lawyer. See Rules 4-1.2 and 4-1.4.

 
4-5.3 RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS

[1] Paragraph (a) requires lawyers with managerial authority within a law firm to make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that nonlawyers in the firm and nonlawyers outside the firm who work on firm matters act in a way compatible with the professional obligations of the lawyer. See Comment [7] to Rule 4-1.1 (Retaining or Contracting With Other Lawyers) and Comment [1] to Rule 4-5.1 (Responsibilities of Partners, Managers, and Supervisory Lawyers). Paragraph (b) applies to lawyers who have supervisory authority over such nonlawyers within or outside the firm. Paragraph (c) specifies the circumstances in which a lawyer is responsible for the conduct of such nonlawyers within or outside the firm that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer.

Nonlawyers Within the Firm

[2] Lawyers generally employ assistants in their practice, including secretaries, investigators, law student interns, and paraprofessionals. Such assistants, whether employees or independent contractors, act for the lawyer in rendition of the lawyer's professional services. A lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. The measures employed in supervising nonlawyers should take account of the fact that they do not have legal training and are not subject to professional discipline.

Nonlawyers Outside the Firm

[3] A lawyer may use nonlawyers outside the firm to assist the lawyer in rendering legal services to the client. Examples include the retention of an investigative or paraprofessional service, hiring a document management company to create and maintain a database for complex litigation, sending client documents to a third party for printing or scanning, and using an Internet-based service to store client information. When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer's professional obligations. The extent of this obligation will depend upon the circumstances, including the education, experience and reputation of the nonlawyer; the nature of the services involved; the terms of any arrangements concerning the protection of client information; and the legal and ethical environments of the jurisdictions in which the services will be performed, particularly with regard to confidentiality. See also Rules 4-1.1 (Competence), 4-1.2 (Scope of Representation), 4-1.4 (Communication), 4-1.6 (Confidentiality of Information), 4-5.4(a) (Professional Independence of a Lawyer), and 4-5.5(a) (Unauthorized Practice of Law; Multijurisdictional Practice of Law). When retaining or directing a nonlawyer outside the firm, a lawyer should communicate directions appropriate under the circumstances to give reasonable assurance that the nonlawyers conduct is compatible with the professional obligations of the lawyer.

[4] Where the client directs the selection of a particular nonlawyer service provider outside the firm, the lawyer ordinarily should agree with the client concerning the allocation of responsibility for monitoring as between the client and the lawyer. See Rule 4-1.2. When making such an allocation in a matter pending before a tribunal, lawyers and parties may have additional obligations that are a matter of law beyond the scope of these Rules.

RULE 4-5.5 UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW

(d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may establish an office or other systematic and continuous presence in this jurisdiction for the practice of law and provide legal services in this jurisdiction that are provided to the lawyer's employer or its organizational affiliates if the lawyer has obtained a limited license pursuant to Rule 8.105 or a general license pursuant to other provisions of Rule 8. When performed by a foreign lawyer and requiring advice on the law of Missouri or another United States jurisdiction, or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice.

(f) For purposes of paragraph (d), the foreign lawyer must be 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 are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

COMMENT

[1] A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Rule 4-5.5(a) applies to unauthorized practice of law by a lawyer, whether through the lawyer's direct action or by the lawyer assisting another person. For example, a lawyer may not assist a person in practicing law in violation of the rules governing professional conduct in that person's jurisdiction.

[16] Rule 4-5.5(d) applies to a lawyer employed exclusively for a corporation, its subsidiaries or affiliates; an association; a business; or a governmental entity if the employer's lawful business consists of activities other than the practice of law or the provision of legal services. Rule 4-5.5(d) does not authorize the provision of personal legal services to the employer's officers or employees. Rule 4-5.5(d) does not address federal practice; federal practice is addressed in Rule 4-5.5(b)(1) and paragraph 4 of this Comment. To further decrease any risk to the client, when advising on Missouri law or on domestic law of a United States jurisdiction or on the law of the United States, the foreign lawyer authorized to practice under paragraph (d) of this Rule needs to base that advice on the advice of a lawyer licensed in Missouri or the jurisdiction whose law is at issue and is authorized by this Court or that other United States jurisdiction to provide it.

2. It is ordered that effective September 26, 2017, subdivision 8.105, of Rule 8 be and the same is repealed and a new subdivision 8.105 adopted to read as follows:


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) Is employed 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.

3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4. It is ordered that this order be published in the South Western Reporter.