Supreme Court of Missouri
en banc
January 26, 2021
Effective January 26, 2021
In re:
(1) Repeal of the title of Rule 9, entitled "Practice by Nonresident Attorneys," and in lieu thereof adoption of a new title of Rule 9, entitled "Practice of Law in the State."
(2) Repeal of the heading title and subdivision 9.01, entitled "Unauthorized Practice by Foreign Attorneys," and subdivision 9.03, entitled "Visiting Attorney Appearing in a Particular Case," of Rule 9, entitled "Practice of Law in the State," and in lieu thereof adoption of a new heading title and a new subdivision 9.01, entitled "Authorized Practice of Law," and a new subdivision 9.03, entitled "Visiting Attorney Appearing in a Particular Case."
(3) Repeal of subdivision 9.02, entitled "Nonresident members of The Missouri Bar," of Rule 9, entitled "Practice of Law in the State."
ORDER
1. It is ordered that effective January 26, 2021, the title of Rule 9 be and the same is hereby repealed and a new title of Rule 9 adopted in lieu thereof to read as follows:
9.00 PRACTICE OF LAW IN THE STATE
2. It is ordered that effective January 26, 2021, the heading title and subdivision 9.01 and subdivision 9.03, be and the same are hereby repealed and a new heading title and subdivision 9.01 and a new subdivision 9.03 are adopted in lieu thereof to read as follows:
9.01 AUTHORIZED PRACTICE OF LAW
(a) Any active member of The Missouri Bar may practice law or do a law business in this state if he or she is not currently suspended or disbarred and has paid or is exempt from the requisite annual enrollment fee pursuant to Rule 6.01. Nonresident attorneys who are members of The Missouri Bar and have paid a reduced annual enrollment fee pursuant to Rule 6.01(j)(3) because they do not practice or have employment in this state must pay the remainder of the full annual enrollment fee required under Rule 6.01(m)(1) before being authorized to practice law or do a law business in this state.
(b) Attorneys who are not members of The Missouri Bar shall not practice law or do a law business in this state except as provided in Rules 4-5.5, 9.03, and 9.04.
9.03 VISITING ATTORNEY APPEARING IN A PARTICULAR CASE
Any attorney who is not a member of The Missouri Bar may be permitted to appear and participate pro hac vice in a particular case in any court or administrative tribunal of this state under the following conditions:
(a) The visiting attorney is a member in good standing of the bar of another state or territory of the United States or of the District of Columbia;
(b) The visiting attorney is not under suspension or disbarment by the highest court of any state or territory of the United States or of the District of Columbia;
(c) The visiting attorney files with his or her initial pleading the receipt for the fee required by Rule 6.01(n) and a statement:
(1) Identifying every court of which he or she is a member of the bar;
(2) Certifying that neither the attorney nor any member of his or her firm is under suspension or disbarment by any such court; and
(3) Designating a member of The Missouri Bar who is authorized to practice law in the state under Rule 9.01(a) as associate counsel.
The designated associate counsel shall:
(a) Enter an appearance as an attorney of record;
(b) Sign all pleadings, briefs, and other filed or served documents; and
(c) Unless excused by the judge or presiding officer, be present at all hearings.
The visiting attorney by his or her appearance agrees to comply with the Rules of Professional Conduct as set forth in Rule 4 and become subject to discipline by the courts of this state.
3. It is ordered that effective January 26, 2021, subdivision 9.02 of Rule 9 be and the same is hereby repealed.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
______________________
GEORGE W. DRAPER III
Chief Justice