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?

Plain-English summary

The Committee was asked whether a lawyer who serves on the Mississippi Bar's Lawyers and Judges Assistance Committee may represent another attorney as a respondent in a chancery-court proceeding to commit that attorney for alcohol or drug abuse, or may represent the respondent's family members or other persons as petitioners seeking commitment.

The opinion explained that the Lawyers and Judges Assistance Committee is established under Rule 3(g) of the Mississippi Rules of Discipline to intervene and assist attorneys with substance-abuse problems that impair their professional conduct, and that the committee is part of administering the court's disciplinary jurisdiction. It then applied Rule 8.4(d), which makes it professional misconduct to engage in conduct prejudicial to the administration of justice.

The opinion concluded that it is prejudicial to the administration of the disciplinary process for an Assistance Committee member to represent another attorney as a respondent in such a commitment proceeding, and likewise improper for a member to represent the respondent's family or other petitioners seeking to have the lawyer committed. It stated this was consistent with Ethics Opinion No. 201.

Currency note

This opinion was issued in 1994, interpreting the Mississippi Rules of Professional Conduct (adopted effective June 22, 1994, and amended February 5, 1999). Mississippi did not adopt the ABA's 2002 Ethics 2000 revisions wholesale, but subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can an Assistance Committee member be the impaired lawyer's defense counsel in a commitment case?

A: The opinion concluded no; representing another attorney as a respondent in an alcohol or drug-abuse commitment proceeding is prejudicial to the administration of the disciplinary process under Rule 8.4(d).

Q: Can the committee member instead represent the family or others trying to have the lawyer committed?

A: Per the opinion, no; it is improper for a member to represent the respondent's family or other petitioners seeking commitment, consistent with Ethics Opinion No. 201.

Background and rules framework

The opinion applies Mississippi Rule of Professional Conduct 8.4(d) (conduct prejudicial to the administration of justice), which corresponds to Model Rule 8.4, and reads it against Rule 3(g) of the Mississippi Rules of Discipline, which creates the Lawyers and Judges Assistance Committee as part of the court's disciplinary process.

Citations and references

Rules of Professional Conduct (Mississippi; cf. Model Rules):

• MRPC 8.4(d) (conduct prejudicial to the administration of justice) (cf. Model Rule 8.4)

Other authority:

• Mississippi Rules of Discipline, Rule 3(g) (creating the Lawyers and Judges Assistance Committee).

Other opinions cited:

• Mississippi Ethics Opinion No. 201.

See also

• MS Bar Ethics Op. 220: Suing a Former Law Partner
• MS Bar Ethics Op. 221: Reporting Out-of-State UPL

Source

• Landing page: https://www.msbar.org/ethics-discipline/ethics-opinions/formal-opinions/217/
• Original PDF: https://www.msbar.org/media/1464/35a_et_op_217.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

ETHICS OPINION NO. 217

OF THE MISSISSIPPI BAR

RENDERED March 04, 1994

CONFLICT OF INTEREST - BAR ASSOCIATION COMMITTEES --(1.) It is improper for an attorney who is a member of the Lawyers and Judges Assistance Committee to represent an attorney, other than himself, as a respondent in a commitment proceeding for alcohol or drug abuse. (2.) It is improper for an attorney who is a member of the Lawyers and Judges Assistance Committee to represent the lawyer respondent's family or family members or other persons as petitioners seeking to have said lawyer committed for alcohol or drug abuse.

The Ethics Committee of the Mississippi Bar has been requested to render an opinion on the following question:

May an attorney who is a member of the Lawyers and Judges Assistance Committee represent an attorney, other than himself, as a respondent in a commitment proceeding for alcohol or drug abuse in a chancery court in the State of Mississippi or may an attorney who is a member of the Lawyers and Judges Assistance Committee represent the lawyer respondent's family or family members or other persons as petitioners seeking to have said lawyer committed in chancery court for alcohol or drug abuse?

The Board of Bar Commissioners organized the Lawyers and Judges Assistance Committee to be of assistance to impaired judges and attorneys in the state who may be suffering from chemical dependency.

The Lawyers and Judges Assistance Committee is established under Rule 3 (g) of the Mississippi Rules of Discipline for the purpose of intervention and assistance for attorneys with a substance abuse problem which impairs or tends to impair their professional conduct. It states the committee's creation shall in no way be construed to hinder, limit or otherwise effect any other disciplinary process. It is clear from Rule 3 and the notations thereafter that this committee is for the purpose of administering the Court's disciplinary jurisdiction.

Rule 8.4 (d) of the Mississippi Rules of Professional Conduct provides: It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.

The Committee is of the opinion that it is prejudicial to the administration of the disciplinary process for attorneys who serve on the Lawyers and Judges Assistance Committee to represent an attorney, other than himself, as a respondent in a commitment proceeding for alcohol or drug abuse.

The Committee is also of the opinion that it is improper for an attorney who is a member of the Lawyers and Judges Assistance Committee to represent the lawyer respondent's family or family members or other persons seeking to have the lawyer committed for alcohol or drug abuse. This is consistent with Ethics Opinion Number 201.