Missouri Statute | Act | Code |Courts| US Code - US Statute

1. The "practice of the law" is hereby defined to be and is the
appearance as an advocate in a representative capacity or the drawing of
papers, pleadings or documents or the performance of any act in such
capacity in connection with proceedings pending or prospective before any
court of record, commissioner, referee or any body, board, committee or
commission constituted by law or having authority to settle controversies.

2. The "law business" is hereby defined to be and is the advising or
counseling for a valuable consideration of any person, firm, association,
or corporation as to any secular law or the drawing or the procuring of
or assisting in the drawing for a valuable consideration of any paper,
document or instrument affecting or relating to secular rights or the
doing of any act for a valuable consideration in a representative
capacity, obtaining or tending to obtain or securing or tending to secure
for any person, firm, association or corporation any property or property
rights whatsoever. (RSMo 1939 § 13313)

Prior revisions: 1929 § 11692; 1919 § 666

(1952) The preparing of real estate contracts, deeds, notes, leases,
chattel mortgages on standardized forms as part of transaction
effectuated by real estate broker, does not amount to practice of law;
but the preparation of such instruments in transactions in which he is
not acting as broker or the making of separate charges for such services
even when he acts as broker, or the giving of legal advice, constitutes
practice of law and is in contempt of court if done by nonlawyer. Hulse
v. Criger, 363 Mo. 26, 247 S.W.2d 855.

(1960) The definition in this statute of the practice of law is binding
on the court in a proceeding under § 484.020 which makes violation of the
statute a misdemeanor but it is not binding in a proceeding to enjoin the
practice of law by an individual for the reason the power to regulate and
define the practice of law and the doing of law business is a prerogative
of the judicial department. Automobile Club of Mo. v. Hoffmeister (A.),
338 S.W.2d 348.

(1960) The appearance by Automobile Club attorneys in court to enter
pleas of guilty and pay fine for members of the club and to obtain
continuances of cases held to constitute the practice of law and
therefore subject to being enjoined. Automobile Club of Mo. v.
Hoffmeister (A.), 338 S.W.2d 348.

(1960) The representation of himself by a party to a law suit does not
constitute the practice of law. Klingensmith v. Thurman (A.), 339 S.W.2d
300.

(1961) Individual layman employed as the community services
representative of labor council, who advised various individuals as to
their rights under the workmen's compensation law after they were injured
and also appeared before the legal advisers of the workmen's compensation
division as well as representing individuals who were seeking
unemployment compensation benefits before referees of the division of
employment security, was engaged in the practice of law for a
consideration and would be enjoined by the supreme court and also fined
for engaging in such practice without being a duly licensed attorney.
Hoffmeister v. Tod (Mo.), 349 S.W.2d 5.

(1978) Held, advertisement and sale of "divorce kits" does not constitute
the unauthorized practice of law so long as no personal advice as to
legal remedies is given. In re Thompson (Mo.), 574 S.W.2d 365.

(1992) Escrow companies may not prepare or complete nonstandard or
specialized documents such as contracts for deed, special warranty deeds,
leases, lease-purchase agreements, easement agreements, well agreements,
trustee deeds, wraparound notes and deeds of trust or any other document
that requires the exercise of judgment or discretion, because such
activities constitute the practice of law or doing business of law in the
state, In re First Escrow, Inc., 840 S.W.2d 839 (Mo. banc).

1. No person shall engage in the practice of law or do law
business, as defined in section 484.010, or both, unless he shall have
been duly licensed therefor and while his license therefor is in full
force and effect, nor shall any association, partnership, limited
liability company or corporation, except a professional corporation
organized pursuant to the provisions of chapter 356, RSMo, a limited
liability company organized and registered pursuant to the provisions of
chapter 347, RSMo, or* a limited liability partnership organized or
registered pursuant to the provisions of chapter 358, RSMo, engage in the
practice of the law or do law business as defined in section 484.010, or
both.

2. Any person, association, partnership, limited liability company or
corporation who shall violate the foregoing prohibition of this section
shall be guilty of a misdemeanor and upon conviction therefor shall be
punished by a fine not exceeding one hundred dollars and costs of
prosecution and shall be subject to be sued for treble the amount which
shall have been paid him or it for any service rendered in violation
hereof by the person, firm, association, partnership, limited liability
company or corporation paying the same within two years from the date the
same shall have been paid and if within said time such person, firm,
association, partnership, limited liability company or corporation shall
neglect and fail to sue for or recover such treble amount, then the state
of Missouri shall have the right to and shall sue for such treble amount
and recover the same and upon the recovery thereof such treble amount
shall be paid into the treasury of the state of Missouri.

3. It is hereby made the duty of the attorney general of the state of
Missouri or the prosecuting attorney of any county or city in which
service of process may be had upon the person, firm, association,
partnership, limited liability company or corporation liable hereunder,
to institute all suits necessary for the recovery by the state of
Missouri of such amounts in the name and on behalf of the state. (RSMo
1939 § 13314, A.L. 1982 S.B. 680 Revision, A.L. 1997 H.B. 655 merged with
S.B. 170)

Prior revisions: 1929 § 11693; 1919 § 667

Effective 6-24-97 (H.B. 655) 5-20-97 (S.B. 170)

*Word "on" appears in original rolls.

(1987) This section does not prevent a foreign insurance corporation from
sending in-house counsel to defend its insureds, where such counsel is
admitted to the Missouri Bar. In re. Allstate Ins. Co., 722 S.W.2d 947
(Mo. banc).

No bank or lending institution that makes residential loans and
imposes a fee of less than two hundred dollars for completing residential
loan documentation for loans made by that institution shall be deemed to
be engaging in the unauthorized practice of law. (l. 2005 S.B. 420 & 344
§ 2)

The power to admit and license persons to practice as attorneys
and counselors in the courts of record of this state, or in any of them,
is hereby vested exclusively in the supreme court and shall be regulated
by rules of that court. (RSMo 1939 § 13316, A.L. 1982 S.B. 680 Revision)

Prior revisions: 1929 § 11695; 1919 § 669; 1909 § 939

The director of revenue is hereby authorized, pursuant to a
cooperative agreement with the supreme court, to develop procedures which
shall permit the clerk of the supreme court to furnish the director, at
least once each year, with a list of persons currently licensed to
practice law in this state. If any such person is delinquent on any state
taxes or has failed to file state income tax returns in the last three
years and such person has not paid in protest or commenced a reasonably
founded dispute with such liability, the director shall notify the clerk
of the supreme court that such person has such delinquency or failure to
file. (L. 2003 H.B. 600)

Effective 7-1-03

The compensation of an attorney or counselor for his services is
governed by agreement, express or implied, which is not restrained by
law. From the commencement of an action or the service of an answer
containing a counterclaim, the attorney who appears for a party has a
lien upon his client's cause of action or counterclaim, which attaches to
a verdict, report, decision or judgment in his client's favor, and the
proceeds thereof in whosesoever hands they may come; and cannot be
affected by any settlement between the parties before or after judgment.
(RSMo 1939 § 13337)

Prior revisions: 1929 § 11716; 1919 § 690; 1909 § 964

(1956) Attorney is not restricted to any particular remedy to enforce his
lien. Where defendant and plaintiff settled personal injury case without
consulting plaintiff's attorney and with full knowledge that suit was
pending in Missouri, attorneys were entitled to recover fees from
defendant notwithstanding settlement was reduced to judgment in
Tennessee. Satterfield v. Southern Ry. Co. (A.), 287 S.W.2d 395.

(1956) Defendant's attorneys in partition action were not entitled to fee
out of client's share under § 528.530 nor under § 484.130, because they
did nothing to produce funds for their client. Munday v. Thielecke (Mo.),
290 S.W.2d 88.

(1967) A statutory attorney's lien is cumulative, rather than exclusive
of existing rights or remedies. Downs v. Hodge (A.), 413 S.W.2d 519.

(1972) There is no authority for an attorney's lien on an undistributed
share of an estate. Carter v. Stendeback (A.), 482 S.W.2d 534.

(1987) Attorney's lien attaches to an award arising out of a divorce
proceeding and such a lien arose where attorney did services for client
to set aside dissolution settlement as unconscionable before being fired
by client and even though attorney had entered into unlawful contingency
fee contract with ex-client. Roberds v. Sweitser, 733 S.W.2d 444 (Mo.
banc 1987).

In all suits in equity and in all actions or proposed actions at
law, whether arising ex contractu or ex delicto, it shall be lawful for
an attorney at law either before suit or action is brought, or after suit
or action is brought, to contract with his client for legal services
rendered or to be rendered him for a certain portion or percentage of the
proceeds of any settlement of his client's claim or cause of action,
either before the institution of suit or action, or at any stage after
the institution of suit or action, and upon notice in writing by the
attorney who has made such agreement with his client, served upon the
defendant or defendants, or proposed defendant or defendants, that he has
such an agreement with his client, stating therein the interest he has in
such claim or cause of action, then said agreement shall operate from the
date of the service of said notice as a lien upon the claim or cause of
action, and upon the proceeds of any settlement thereof for such
attorney's portion or percentage thereof, which the client may have
against the defendant or defendants, or proposed defendant or defendants,
and cannot be affected by any settlement between the parties either
before suit or action is brought, or before or after judgment therein,
and any defendant or defendants, or proposed defendant or defendants, who
shall, after notice served as herein provided, in any manner, settle any
claim, suit, cause of action, or action at law with such attorney's
client, before or after litigation instituted thereon, without first
procuring the written consent of such attorney, shall be liable to such
attorney for such attorney's lien as aforesaid upon the proceeds of such
settlement, as per the contract existing as herein provided between such
attorney and his client. (RSMo 1939 § 13338)

Prior revisions: 1929 § 11717; 1919 § 691; 1909 § 965

1. It shall be unlawful for any licensed attorney in the state
of Missouri to divide any fees or compensation received by him in the
practice of law or in doing law business with any person not a licensed
attorney or any firm not wholly composed of licensed attorneys, or any
association or corporation, and any person, firm, association or
corporation violating this section shall be deemed guilty of a
misdemeanor and upon conviction therefor shall be punished by a fine of
not less than twenty-five dollars nor more than five hundred dollars and
costs of prosecution, which fine shall be paid into the treasury of the
state of Missouri.

2. Any person, firm, association or corporation who shall violate the
foregoing prohibition of this section shall be subject to be sued for
treble the amount of any and all sums of money paid in violation hereof
by the person, persons, association or corporation paying the fees or
compensation which shall have been so divided and if such person,
persons, association or corporation shall not sue for or recover the same
within two years from the date of such division of fees or compensation,
the state of Missouri shall have the right to and shall sue for and
recover said treble amount, which shall upon recovery be paid into the
treasury of the state of Missouri.

3. It is hereby made the duty of the attorney general of the state of
Missouri or the prosecuting attorney of any county or city in which
service of process may be had upon the person, firm, association or
corporation liable therefor, to institute all suits necessary for the
recovery of said sums of money by the state of Missouri. (RSMo 1939 §
13315)

Prior revisions: 1929 § 11694; 1919 § 668

CROSS REFERENCE: Profits of attorney through certain contracts with
newspapers prohibited, penalty, RSMo 493.130, 493.140

If an attorney or counselor at law shall commence an action and
fail to prosecute the same, or if any action so commenced shall be
dismissed for want of his attention, or if he shall bring the wrong
action and it be necessary to enter a nonsuit, or if it shall be made to
appear to the court that the action was erroneously brought, dismissed,
or nonsuit entered in consequence, the court may, in its discretion,
enter up judgment against any such attorney or counselor at law for the
full amount of the costs thereby incurred, and all damages in consequence
thereof. (RSMo 1939 § 1434)

Prior revisions: 1929 § 1270; 1919 § 1722; 1909 § 2291

Where two or more licensed attorneys at law of this state are
associated together as copartners in the practice as attorneys or
counselors at law, and one of such attorneys shall be the prosecuting or
assistant prosecuting attorney, or circuit or assistant circuit attorney,
it shall be unlawful for such other partner or partners to appear and
defend in any of the courts of this state any person charged with a
misdemeanor or felony, when by law it shall be the duty of such
prosecuting or circuit attorney to appear and prosecute, and this section
shall apply even though such partnership may exist only for the
transaction of civil business. (RSMo 1939 § 12981)

Prior revisions: 1929 § 11355; 1919 § 774; 1909 § 1039

Any attorney or counselor at law may be removed or suspended
from practice in the courts of this state for any of the following
reasons:

(1) If he be convicted of any criminal offense involving moral turpitude;

(2) If he unlawfully retain his client's money or if he is guilty of any
malpractice, fraud, deceit or misdemeanor whatsoever in his professional
capacity;

(3) If he shall have been removed, suspended or disbarred from the
practice of law in any other state or jurisdiction and shall fail to
disclose such fact in his application for license to practice law in this
state. (RSMo 1939 § 13328)

Prior revisions: 1929 § 11707; 1919 § 681; 1909 § 951

(1974) All power to suspend or remove attorneys is vested in the supreme
court. Harkins v. Eldredge (CA Mo.), 505 F.2d 802.

Charges against an offending attorney shall be in writing and
verified, and may be preferred by any member of the bar in good standing,
or by any judge of a court of record required by law to be a person
learned in the law. The charges may be exhibited and proceedings had
thereon in the supreme court, in any of the districts of the court of
appeals, or in the circuit court of the county, in which the actions or
practices complained of shall have been committed or the accused resides.
(RSMo 1939 § 13329, A.L. 1973 S.B. 263)

Prior revisions: 1929 § 11708; 1919 § 682; 1909 § 952

The court in which such charges shall be exhibited shall fix a
day for the hearing, allowing a reasonable time, and the clerk shall
issue a citation accordingly, with a copy of the charges annexed, which
may be served upon the accused wherever found. (RSMo 1939 § 13330)

Prior revisions: 1929 § 11709; 1919 § 683; 1909 § 953

The copy of the charges and citation may be served upon the
accused by any officer authorized by law to serve writs issued by such
court and in any county of this state, and if the accused be not found in
this state then reasonable notice shall be given him by publication in
such manner as the court may direct, unless served as provided in section
484.210, supra. (RSMo 1939 § 13331)

Prior revisions: 1929 § 11710; 1919 § 684; 1909 § 954

If the party served with such citation shall fail to appear
according to the command thereof, obedience may be enforced by attachment
or the court may proceed ex parte. (RSMo 1939 § 13332)

Prior revisions: 1929 § 11711; 1919 § 685; 1909 § 955

If the charge allege a conviction for any criminal offense
involving moral turpitude, the court shall, on production of the record
of such conviction, remove the attorney so convicted or suspend such
attorney from practice for a limited time, according to the nature of the
offense, as the court may deem just, and without further trial. If the
attorney be acquitted or discharged upon his trial, or if he be charged
under subdivision (1), (2) or (3) of section 484.190, and appears at the
time fixed by court and denies the charges preferred against him, or
having been notified as required by section 484.210 or 484.220, fails to
appear, the court shall forthwith hear the evidence offered in support of
said charge and the evidence offered by the accused, and shall determine
the matter without delay. And if the court finds that the charge has been
sustained, or if the accused shall admit that he is guilty, the court
shall remove him from practice or shall suspend him for a limited period,
according to the nature of the offense and as the court may deem just and
proper. (RSMo 1939 § 13333)

Prior revisions: 1929 § 11712; 1919 § 686; 1909 § 956

(1972) Willfully and knowingly failing to make a federal income tax
return is an offense involving moral turpitude within meaning of this
section (rule). In re. MacLeod (Mo.), 479 S.W.2d 443.

All trials of charges preferred against attorneys shall be by
the court, and in all cases of conviction the court shall pronounce
judgment of removal or suspension according to the nature of the facts
found; except that, if the charge be filed in the supreme court, or in
one of the districts of the court of appeals, the court may appoint a
special judge to hear the evidence and make report thereof to the court.
In all cases the court may tax or abate the cost of the proceedings as it
may deem just. (RSMo 1939 § 13334, A.L. 1973 S.B. 263)

Prior revisions: 1929 § 11713; 1919 § 687; 1909 §§ 960, 961

In all cases of a trial of charges in the circuit court, the
defendant may except to any ruling or decision of the court, and may
prosecute an appeal or writ of error to the supreme court, in all
respects as in actions at law. And it is hereby made the duty of the
supreme court to hear said appeal at the next term of said court unless
continued for cause. (RSMo 1939 § 13335)

Prior revisions: 1929 § 11714; 1919 § 688; 1909 § 962

Every final judgment or order of removal or suspension, made in
pursuance of the provisions of this chapter by any court so authorized,
shall operate, while it continues in force, as a removal or suspension
from practice in all the courts of this state; provided, that any
attorney or counselor at law removed from practice or suspended for a
longer term than one year, on application to the supreme court or in the
court in which the judgment of removal or suspension was first rendered,
may be reinstated as such attorney or counselor at law, in the discretion
of the court, at any time after one year from the date of such judgment
of removal or suspension. (RSMo 1939 § 13336)

Prior revisions: 1929 § 11715; 1919 § 689; 1909 § 963

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.