Supreme Court of Missouri
en banc

Repeal of subdivision 8.10, entitled “Admission Without Examination,” of Rule 8, entitled “Admission to the Bar,” and in lieu thereof adoption of a new subdivision 8.10, entitled “Admission Without Examination,” and new paragraph 5 of the Regulations of the Board of Law Examiners thereto.




1.  It is ordered that effective July 1, 2008, subdivision 8.10 of Rule 8 be and the same is hereby repealed and a new subdivision 8.10 and new paragraph 5 of the Regulations of the Board of Law Examiners thereto adopted in lieu thereof to read as follows:

8.10 ADMISSION WITHOUT EXAMINATION

(a) A person proving each of the following may be admitted to the practice of law in this state, without examination:


(1) A first professional degree in law (J.D. or LL.B) was received from a law school that was approved by the American Bar Association at the time the person graduated;


(2) Admission to practice law in another state or territory of the United States or the District of Columbia and an active license to practice law in at least one jurisdiction that permits mutuality of admission without examination to Missouri lawyers;


(3) The application and related forms required by the board have been filed and the prescribed, non-refundable fee has been paid;

(4) For five of the ten years immediately preceding the date upon which the application under this Rule 8.10 is filed, the person has:


(A) Been engaged in the full-time practice of law primarily at or from an office physically located in a state, other than Missouri, or in a territory of the United States or the District of Columbia, while the individual had an active license to practice law in such state, territory or the District of Columbia; or

(B) Served full-time as a lawyer with the United States government or its armed forces; or

(C) Taught full-time in a law school approved by the American Bar Association; or

(D) Been engaged in the full-time practice of law as in-house counsel primarily at or from an office physically located in a state, other than Missouri, or in a territory of the United States or the District of Columbia; or

(E) Any combination of the foregoing;


(5) The approval of the board required by Rule 8.11 and the other applicable requirements of Rule 8;

(6) Compliance with Rule 15.05(d) within 90 days after the date of written notification that the person’s character and fitness has been approved.


(b) A person is not eligible to be admitted under this Rule 8.10 if he or she fails the Missouri Bar examination within the ten years immediately preceding the date upon which the application under this Rule 8.10 is filed or at any time thereafter.

(c) A person admitted pursuant to this Rule 8.10 is required to meet the continuing legal education requirements specified in Rule 15.


Regulations of Board of Law Examiners

1. The term “in-house counsel” in Rule 8.10(a)(4)(D) means a person who is employed as a lawyer exclusively by a corporation or its subsidiaries or affiliates, an association, a business, or a governmental entity and the employer’s business consists of activities other than the practice of law or the provision of legal services.

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

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

Day - to - Day

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LAURA DENVIR STITH
Chief Justice