484.020. Who shall engage in the practice of law or do law business — penalty. — 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, a limited liability company organized and registered pursuant to the provisions of chapter 347, or* a limited liability partnership organized or registered pursuant to the provisions of chapter 358, 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.
Notes of Decisions
Eisel v. Midwest BankCentre, 230 S.W.3d 335 (Mo. 2007).
· cites it 20× “Midwest’s constitutional challenge that section 484.020 fails to include a necessary mens rea was untimely.”
Ruhl v. Lee's Summit Honda, 322 S.W.3d 136 (Mo. 2010).
· cites it 22× “There is nothing in the language of the act to suggest that the statutory remedy could not be waived by written agreement of the parties.”
In Re Allstate Ins. Co., 722 S.W.2d 947 (Mo. 1987).
· cites it 12× “The Advisory Committee brought an action in this Court charging (1) that the use of employee attorneys in this manner violates § 484.020(1), RSMo Supp.1984, in that it constitutes the practice of law (§ 484.”
Robert McKeage v. TMBC, LLC, 847 F.3d 992 (8th Cir. 2017).
· cites it 3× “The district court then awarded treble damages pursuant to Mo. Rev. Stat. § 484.020 . Based on the number of members in the class, the amount of damages was calculated at $21,735,754.”
Zmuda v. Chesterfield Valley Power Sports, Inc., 267 S.W.3d 712 (Mo. Ct. App. 2008).
· cites it 8× “Zmuda argues the trial court erred in granting Chesterfield Valley’s motion because he stated a claim upon which relief can be granted for violation of section 484.020 RSMo (2000) 1 and the Missouri Merchandising Practices Act, section 407.”
Bray v. Brooks, 41 S.W.3d 7 (Mo. Ct. App. 2001).
· cites it 7× “010 and seeking treble damages under § 484.020. The second count of the counterclaim alleged that Bray had negligently drafted some of the documents.”
In Re First Escrow, Inc., 840 S.W.2d 839 (Mo. 1992).
· cites it 8× “" Section 484.020, RSMo 1986, makes it a misdemeanor for any person not licensed to practice law to "do law business.”
Huch v. Charter Commc'ns, Inc., 290 S.W.3d 721 (Mo. 2009).
· cites it 2× “The Court reasoned that because “the voluntary payment doctrine is a principle based on waiver and consent” and “the activities prohibited by section 484.020 [which prohibits the unauthorized practice of law] are not subject to waiver, consent or lack of objection by the…”
Janson v. Legalzoom.Com, Inc., 271 F.R.D. 506 (W.D. Mo. 2010).
· cites it 11× “Plaintiffs first allege that LegalZoom engages in the unauthorized practice of law and the law business in violation of § 484.020 RSMo. Second, Plaintiffs contend that LegalZoom’s charging of fees for alleged assistance in the preparation of legal documents violates the Missouri…”
Ryan v. Raytown Dodge Co., 296 S.W.3d 471 (Mo. Ct. App. 2009).
· cites it 3× “Ryan further alleged that by charging the additional fee for the preparation of documents relating to the sale and financing of automobiles, Raytown Dodge engaged in the unauthorized practice of law under section 484.020, RSMo 2000, and violated the Merchandising Practices Act,…”
Janssen v. Guar. Land Title Co., 571 S.W.2d 702 (Mo. Ct. App. 1978).
· cites it 3× “Section 484.020(2), RSMo. (1969) provides for payment of treble the amount of fees wrongfully collected from a potential plaintiff if the cause is prosecuted within two years.”
— Mo. Rev. Stat. § 484.020(1) — 3 cases
In Re Allstate Ins. Co., 722 S.W.2d 947 (Mo. 1987).
“The Advisory Committee brought an action in this Court charging (1) that the use of employee attorneys in this manner violates § 484.020(1), RSMo Supp.1984, in that it constitutes the practice of law (§ 484.”
— Mo. Rev. Stat. § 484.020(2) — 1 case
Janssen v. Guar. Land Title Co., 571 S.W.2d 702 (Mo. Ct. App. 1978).
“Section 484.020(2), RSMo. (1969) provides for payment of treble the amount of fees wrongfully collected from a potential plaintiff if the cause is prosecuted within two years.”
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