The Mississippi Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the The Mississippi Bar, with full citations and source links on every page.
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Can a lawyer respond to a former client's negative online review using information about the representation, if that information is in public court filings or the client revealed it in the review?
No. The opinion concludes that information relating to a representation stays confidential under MRPC 1.6 even when it appears in public court filings or the client disclosed it in the review, and…
Can a Mississippi lawyer use generative AI in practice, and what duties of confidentiality, competence, billing, and client disclosure apply?
Yes. The opinion concludes a lawyer may ethically use generative AI if the lawyer safeguards confidential information, is competent in the tool, verifies the accuracy of its output, bills…
Can a defense lawyer require the opposing lawyer to sign and approve a settlement release, and can a lawyer ethically sign one that obligates the lawyer to indemnify or hold harmless?
No. The opinion concludes it violates the Mississippi rules for a lawyer to sign a release that approves or agrees to terms obligating the lawyer (such as indemnification) unless the lawyer is a…
Can a Mississippi lawyer advise and assist a client in complying with the Mississippi Medical Cannabis Act, even though cannabis remains illegal under federal law?
Yes. The opinion concludes that under MRPC 1.2(d) and 1.4 a lawyer may represent and assist a client in activities authorized by and compliant with the Mississippi Medical Cannabis Act, provided the…
Can a lawyer hire a lead generator service that advertises using another lawyer's or firm's trademark, name, or likeness without permission?
No. The opinion concludes it is impermissible for a lawyer to employ a lead generator that uses another lawyer's trademark, name, or likeness without permission, because that is false, misleading,…
Can a Mississippi lawyer store client confidential information with cloud-based services like Dropbox or Google Cloud without violating the duty of confidentiality?
Yes. The opinion concludes that lawyers may use cloud-based storage for client confidential information, but MRPC 1.6 imposes an affirmative duty to take reasonable precautions in selecting and…
Can a lawyer refer a client to a third-party broker or lender to finance the lawyer's fee, similar to financing a purchase?
Yes, with safeguards. The opinion concludes a lawyer may direct a client to a third-party broker to finance the lawyer's fee if the lawyer has no interest in the lender, takes no referral fee or…
Can a lawyer prepare documents for a pro se litigant under a limited-scope engagement, and must the lawyer disclose that a lawyer prepared the document?
Yes to the first, no to the second. The opinion concludes a lawyer may provide limited-scope (unbundled) help, including drafting documents for a self-represented litigant, and is not required to…
Can a criminal defense lawyer agree to a plea deal that waives the defendant's ineffective-assistance-of-counsel claims, and can a prosecutor require that waiver?
No. The opinion concludes it is improper for a defense lawyer to participate in a plea agreement waiving the defendant's past or future ineffective-assistance claims, because it creates a…
Does a lawyer have a duty to scrub confidential metadata from electronic documents, and is it unethical to mine metadata from a document received from another lawyer?
The opinion concludes a lawyer has an affirmative duty under MRPC 1.6 to take reasonable precautions so confidential metadata is not inadvertently disclosed, and that actively mining for…
When a paralegal moves to a firm on the opposing side of a matter she worked on at her old firm, is the new firm disqualified, or can screening cure the conflict?
The opinion concludes that a nonlawyer's disqualification is not imputed to the new firm so long as the nonlawyer is screened from information about, and participation in, the matters she worked on…
What are an attorney's duties when asked to handle and close the client files of a deceased attorney whose family will not open an estate?
The opinion concludes the assisting attorney has no legal duty to the deceased lawyer's clients, but if the attorney undertakes to close the practice, the attorney must inventory the files, screen…
Can a law firm advertise that it will donate part of a client's legal fees to charity, for example to children's charities for car-wreck cases?
No. The opinion concludes that advertising that a client's legal fees will be shared with a charitable organization is prohibited, because it is a misleading comparison ad under MRPC 7.1 and runs…
Can a city attorney represent the executive branch (mayor) against the legislative branch (city council) of the same municipality, or vice versa?
No. The opinion concludes that a duly appointed municipal attorney may not, under any circumstances, represent one branch of the municipal government against another in litigation, because the city…
How long must a Mississippi attorney keep client files, and when can the lawyer return them to the client or destroy them?
The opinion concludes there is no bright-line retention period; once the matter is concluded the lawyer should return the parts of the file that belong to the client, and if the client cannot be…
What must a Mississippi lawyer do after obtaining an opposing party's privileged attorney-client communication that may not have been intentionally waived?
The opinion concludes the receiving lawyer must advise opposing counsel of the disclosure regardless of how it happened; the parties, or if necessary a court, then resolve whether the privilege was…
Does a Mississippi law firm have to submit its website to the Bar before using it, and does pointing readers to the site count as solicitation?
The opinion concludes a law firm website is an advertisement but is exempt from pre-dissemination submission under Rule 7.5(b)(8) when reached through a browser search the viewer initiates;…
Are non-refundable retainers allowed under Mississippi's ethics rules?
The opinion concludes that Rule 1.5 does not per se prohibit non-refundable retainers as long as the fee is reasonable, but Rule 1.16(d) requires the lawyer to refund any unearned (unreasonable)…
Does a law firm employment agreement requiring a departing lawyer to pay the firm a buy-out amount violate the rule against restrictions on the right to practice?
The opinion concluded that a buy-out provision requiring a departing attorney to pay the firm a set amount to recoup the firm's investment in training is not a per se violation of MRPC 5.6, because…
When an attorney is in-house counsel for a mortgage broker and handles all of the broker's real estate closings, who is the client and is there a conflict of interest?
The opinion concludes the mortgage broker (the attorney's employer) is the client in those closings; there is no conflict with the other parties as long as the attorney represents only one party,…
Must a Mississippi lawyer report another lawyer's misconduct under Rule 8.3 even if the client objects, the other lawyer denies it, and it was already reported in another state?
The opinion concluded that if the information meets Rule 8.3's knowledge and substantial-question standard, the Mississippi lawyer must report Mississippi misconduct to The Mississippi Bar; the…
Can an insurance-defense lawyer agree to insurer litigation guidelines and send the insured's detailed bills to a third-party auditing service?
The opinion concluded that a lawyer may not enter any agreement letting a third-party insurer interfere with independent judgment for the insured, and may give the insured's detailed bills to a…
Can a divorce lawyer file a lis pendens against the client's jointly owned property to collect unpaid attorney's fees?
The opinion concluded that a lawyer may not encumber the property that is the subject matter of the representation to collect a fee; doing so acquires a prohibited proprietary interest and is…
What must a Mississippi lawyer do with client or third-party funds that go unclaimed, and does it matter whether the owner is a client?
The opinion concluded that a lawyer must hold both client and third-party funds under Rule 1.15 and, when the owner cannot be located, dispose of them under the Mississippi Uniform Disposition of…
Can a lawyer who represented a plaintiff later represent one of the defendants in a post-settlement arbitration among the defendants, and can opponents disqualify the lawyer by naming him as a witness?
The opinion concluded that conflict rules apply even in non-litigation arbitration; the former plaintiff's lawyer could represent one defendant corporation in the post-settlement arbitration (to…
Are lawyers who provide arbitration and mediation services through a separate business subject to the Rules of Professional Conduct?
The opinion concludes that, although mediation and arbitration are not the practice of law per se, they are law-related services, so lawyers who provide them are subject to the Mississippi Rules of…
Can a lawyer advise non-English-speaking clients through a non-lawyer interpreter and offer consultations over a 1-900 pay-per-call telephone number?
The opinion concluded that a lawyer may use a non-lawyer interpreter to communicate legal advice (and must do so when needed) so long as the lawyer supervises the interpreter to keep them from…
Must a public defender or court-appointed lawyer give an indigent client their file and pay for transcripts of court proceedings?
The opinion concluded that appointed counsel must, on request, give an indigent client the original or a copy of the client's file, but has no ethical duty to obtain or pay for transcripts of proceedings.
Can a lawyer require a client to sign a receipt or fee acknowledgment before handing over the client's file?
The opinion concluded that a lawyer discharged during a pending case may ask, but cannot require, the client to sign a receipt as a condition of releasing the file; once the case has concluded, the…
Can a lawyer set up a corporation to solicit clients for a non-lawyer tax-consulting firm that will then hire the lawyer for the legal work?
The opinion concluded that a lawyer may not use a corporation that is the lawyer's alter ego to solicit tax-consulting clients for a non-lawyer firm when that firm will employ the lawyer to provide…
Can a law firm that advised an accounting partnership later counsel some partners on terminating another partner, or sue that partner, without disclosure and consent?
The opinion concluded that a firm that represented an accounting partnership may not counsel some partners on terminating another partner, or represent the remaining partners in litigation against…
Can a lawyer take stock in a corporation as the fee for incorporating it, and then give legal advice to the company the lawyer owns stock in?
The opinion concluded that taking stock as a fee for incorporating a business is not a per se conflict, and a lawyer may advise a corporation in which the lawyer owns stock, but both are subject to…
Can a law firm that defends an insurance company's insureds represent a new client suing a different party insured by that same company?
The opinion concluded that a firm still defending some of an insurer's insureds may represent a client suing a different party insured by that same insurer, because the new representation is not…
If a lawyer's depression or post-traumatic stress makes it hard to handle cases, must the lawyer withdraw, and can the cases go back to the former firm?
The opinion concluded that a lawyer whose mental condition materially impairs the ability to represent a client must withdraw under Rule 1.16(a)(2); once the lawyer withdraws, the client may retain…
Can a lawyer bid a fixed annual fee to defend a company's cases when the firm must pay any litigation expenses that exceed the bid out of its own pocket?
The opinion concluded that a lawyer may not enter an annual fixed-fee agreement in which the low-bidding firm must absorb all litigation expenses, because the lawyer's own interest in avoiding…
Can a former chancellor in private practice represent a party in later contempt or modification proceedings in a case the chancellor decided on the bench?
The opinion concluded that under Rule 1.12(a) a former chancellor may not represent a party in subsequent contempt or modification proceedings, including in non-contested or no-fault divorces, where…
Can a lawyer let a NALA-certified paralegal use the initials CLA or CLAS on the firm's letterhead and correspondence?
The opinion concluded that a paralegal may use the initials CLA or CLAS on legal correspondence so long as the paralegal has actually been certified by the National Association of Legal Assistants…
Can Mississippi lawyers practice through a professional limited liability company, and can nonlawyers or out-of-state lawyers be members?
The opinion concluded that the Mississippi Rules of Professional Conduct do not prevent lawyers from practicing as a professional limited liability company; the firm name must end in PLLC, each…
If a Mississippi lawyer knows an out-of-state lawyer is practicing law in Mississippi without a license, must the lawyer report it, and to whom?
The opinion concluded that a lawyer with actual knowledge that another lawyer is engaged in the unauthorized practice of law has a Rule 8.3 duty to report it, and that the duty is satisfied by…
If a lawyer is personally suing a former law partner, can the lawyer represent or advise a former firm client who wants to bring claims or a bar complaint against that partner, and must the lawyer report the partner's alleged misconduct?
The opinion concluded that a lawyer whose own interests are adverse to a former partner cannot ethically represent or advise the former client in claims against that partner, and that the lawyer has…
When a client fires a lawyer who took a flat fee up front, must the lawyer account for the money, itemize the work, and refund the unearned portion?
The opinion concluded that under Rule 1.16(d) a lawyer must, on termination and upon demand, account for all funds received, state the basis for retaining any advance payment, and refund any advance…
After sitting in joint defense meetings for one co-defendant, can a lawyer later sue the other co-defendants on the same claims, even if the lawyer's former client is not a party?
The opinion concluded that a lawyer who attended joint defense meetings and helped develop a combined defense strategy may not later represent plaintiffs against the former co-defendants on the same…
Can a lawyer who serves on the bar's Lawyers and Judges Assistance Committee represent another lawyer, or that lawyer's family, in a court proceeding to commit the lawyer for alcohol or drug abuse?
The opinion concluded that a member of the Lawyers and Judges Assistance Committee may not represent another attorney as a respondent in an alcohol or drug-abuse commitment proceeding, and may not…
Can a law firm that is the exclusive Mississippi provider for a for-profit prepaid legal plan let the plan's sales agents pitch memberships to individuals and families in person?
The opinion concluded that although Rule 7.2(c) lets a prepaid legal services plan advertise the firm's services, the plan's use of agents to make in-person sales contacts with prospective clients…
Can a lawyer interview a former employee of an opposing organization that is represented by counsel, without first getting that counsel's consent?
The opinion concluded that no former employees of a represented organization are off-limits under Rule 4.2 (unless individually represented in the matter), but the interviewing lawyer must observe…
Can a lawyer review and approve living-trust documents that a non-lawyer company prepared and sold to a customer, when the company hired and pays the lawyer?
The opinion concludes that a non-lawyer who drafts and sells tailored living-trust documents is engaged in the unauthorized practice of law, that a lawyer may not assist that seller under Rule 5.5,…
If a lawyer learns during a deposition or sworn statement that a non-client probably committed tax crimes, must the lawyer report it, and can the lawyer report it without the client's consent?
The opinion concluded that a lawyer has no ethical duty to report a non-client's probable past criminal violation learned in a deposition or sworn statement; absent a legal duty, the lawyer may…
Can an insurer hire defense counsel for its insured on the condition that the insurer controls litigation decisions like depositions, experts, and pretrial strategy?
The opinion concluded that defense counsel may not enter any agreement that delegates to a third-party insurer the lawyer's duty to exercise independent professional judgment for the insured, even…
Can a law firm honor a non-lawyer referral service's contingency-fee contracts and pay the service a percentage of the client's recovery?
The opinion concludes a law firm may not share legal fees with a non-lawyer client referral service that signed clients to contingency-fee contracts before any lawyer was retained; doing so violates…
When a client picks up its files from a lawyer, does that count as discharging the lawyer so that new counsel can take over?
The opinion treats a client's request for its files as a discharge of the prior lawyer. New counsel may begin after the client notifies that discharged lawyer; post-contract fee rights were left as…
If a client admits during a deposition to committing perjury in another proceeding, must the client's lawyer and opposing counsel report it, and can they agree to stay silent in exchange for dismissal?
The opinion concluded that the client's own lawyer must urge the client to disclose the perjury to the tribunal and, if the client refuses, withdraw and disclose it, and that opposing counsel must…
Can a lawyer who represents a guardian be ordered by the court to file a complaint against that guardian on behalf of the minor wards?
The opinion concludes that a lawyer who represents a guardian represents the guardian, not the wards, and Rules 1.6(a) and 1.7(a) prohibit the lawyer from filing a complaint against the guardian;…
Can a Mississippi lawyer secretly record a phone call, advise a client to record others, or use recordings a client made without consent?
The opinion concludes a lawyer may secretly record a conversation if the recording does not involve dishonesty or deceit and the information is the kind one would expect to be recorded; a lawyer may…
Can a law firm take a contingent-fee or ownership interest in a client's new product that the firm helps market, and must it disclose that interest to potential buyers?
The opinion concluded that a lawyer or firm may acquire an economic interest in goods or services a client markets if the interest is disclosed and the client gives knowing, informed consent; the…
Can a lawyer who serves on a bar disciplinary body, or that lawyer's firm, defend another attorney against a disciplinary complaint?
The opinion concludes a lawyer with authority over the disciplinary process (the Committee on Professional Responsibility, Executive Committee, Board of Bar Commissioners, or a Complaint Tribunal)…
Can a lawyer talk to a client about the client's testimony during a recess in the middle of the client's examination?
The opinion concluded it is ethically permissible for a lawyer to speak with a client about the client's testimony during a recess in a civil trial, as long as the lawyer does not counsel or assist…
Can a Mississippi lawyer participate in a for-profit prepaid legal services plan that pays a set amount per subscriber for defined services?
The opinion concluded a lawyer may participate in a for-profit prepaid legal services plan provided it preserves the lawyer's independent judgment and client confidences, avoids conflicts and…
Can a Mississippi law firm list a former partner who moved out of state as 'of counsel' or 'tax counsel' on its letterhead?
The opinion concluded a firm may list the out-of-state attorney as 'of counsel' if he remains a Mississippi Bar member in good standing with a close, regular, and personal relationship with the…
If a Mississippi lawyer realizes he has been charging an excessive, statute-violating attorney's fee in collection cases, must he correct past judgments and refund overcharges?
The opinion concluded the lawyer must stop charging the excessive fee, amend pending cases, not collect any amount above the statutory fee on unsatisfied judgments, and use reasonable diligence to…
Can a Mississippi lawyer who drafted a client's will keep representing the executrix in a will contest where the lawyer may be called as a witness?
The opinion concluded the lawyer may continue when there is no substantial conflict between the lawyer's testimony and the client's and disqualification would work substantial hardship on the…
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Legal ethics opinions from the The Mississippi Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.