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 Mississippi law firm's partnership agreement reduce a withdrawing partner's payout only if he agrees not to compete in the practice of law?
The opinion concluded that a covenant tying a departing partner's recovery from his capital account to a promise not to engage in the private practice of law in competition with the firm violates…
Can a Mississippi law firm run a branch office under a trade name like 'Bankruptcy Law Center of Attorney A' that omits the firm name and other lawyers?
The opinion concluded a firm may not operate or advertise a branch office under a name that is misleading as to the identities of the lawyers practicing under it; a name omitting the firm name and…
Can a Mississippi lawyer recommend that a client contract with a lay medical-review company that takes a contingent fee in a malpractice case?
The opinion concluded a lawyer may recommend that a client contract with a lay organization paid on a contingent fee basis, so long as the organization does not engage in the unauthorized practice…
Is it a conflict for a city attorney to sue a different municipality when both cities belong to the same self-funded liability pool?
The opinion concluded it is not a conflict of interest for a city attorney to sue a municipality the attorney does not represent, even though the attorney's client city and the defendant city belong…
Can a court-appointed criminal defense lawyer withdraw after the indigent client files a bar complaint against the lawyer?
The opinion concluded that once an indigent client files a bar complaint against appointed counsel, the resulting conflict of interest is great enough that the attorney may ethically request to…
Must a Mississippi lawyer holding settlement funds pay a third party's unpaid expenses from those funds when the third party has no legal claim to them?
The opinion concluded Rule 1.15 requires notifying and paying a third party only where that party clearly is legally entitled to the funds; where a third party has no legal claim to the settlement…
Can a Mississippi lawyer advertise through a 'blind' ad like a 'Legal Hotline' that does not give the name of any responsible lawyer?
The opinion concluded blind advertisements that do not name at least one lawyer responsible for the content are not ethically proper, because Rule 7.2(d) requires every advertisement to include the…
Can three separate Mississippi law firms share a single combined letterhead and split fees from work it generates?
The opinion concluded a law firm may not carry the name of more than one firm on its letterhead unless the firms are 'Of Counsel' to each other, because a combined name for separate firms that do…
Can two Mississippi law firms list each other as 'Of Counsel' on their letterheads and in directories?
The opinion concluded it is not improper for a law firm to designate another law firm as 'Of Counsel' so long as the relationship is close, regular, and personal and the usage is not otherwise false…
Can a Mississippi law firm list a non-lawyer consultant, such as an outside engineer, on its letterhead?
The opinion concluded a firm may not list a non-lawyer engineering consultant who is an independent contractor on its letterhead, because doing so would mislead the public about legal ability and…
What should a Mississippi lawyer do with excess funds in a client trust account when the proper owner cannot be determined?
The opinion concluded that trust-account funds whose proper owner cannot be determined are presumed to belong to clients and must be disposed of under the Mississippi Uniform Disposition of…
Can a Mississippi lawyer provide legal research and writing services to other lawyers outside the firm, and must the arrangement be disclosed to the client?
The opinion concluded a lawyer may provide research and writing services to outside lawyers, but the engaging lawyer must disclose the arrangement and obtain the client's consent unless the client's…
Can a Mississippi lawyer volunteer to give free limited legal counseling through a Chamber of Commerce program that charges members a registration fee?
The opinion concluded a lawyer may participate, so long as the Chamber's charge covers administrative costs only and not a fee for legal services, and the lawyer treats those he counsels as clients…
Can a Mississippi lawyer distribute informational cards to union members through the union, with the lawyer's name and contact information on them?
The opinion concluded the lawyer may do so because it is not materially different from permissible advertising or direct-mail solicitation, but the lawyer may not pay the union a fee for…
Can a Mississippi lawyer share an office suite with non-lawyer professional counselors and also run a business doing legal research for other lawyers?
The opinion concluded a lawyer may do both: share office space with non-lawyers as long as the arrangement is not a law-practice partnership and client files are kept inaccessible to them, and…
Can a former judge later represent, as a lawyer, the defendant he sentenced in a petition for a Governor's pardon?
The opinion concluded no; under Rule 1.12 a lawyer may not represent anyone in a matter in which he participated personally and substantially as a judge, and presiding over the felony trial was…
Can an associate at a firm that sometimes represents a city serve on that city's Civil Service Commission?
The opinion concluded yes, provided the firm's representation does not extend into matters touching the Civil Service Commission and the lawyer and firm comply with the conflict rules as specific…
Can a Mississippi lawyer submit a captioned photo to the newspaper publicizing a personal-injury verdict or settlement?
The opinion concluded no; submitting a captioned photo about a win or settlement creates an unjustified expectation about the results the lawyer can achieve and is a misleading communication under…
Does a Mississippi lawyer remain responsible to a former client for later dealings or litigation after the original matter ended?
The opinion concluded no; once the lawyer-client relationship is effectively terminated at the end of the matter, the lawyer has no ethical duty to represent the former client in later dealings, and…
Can a county board attorney sign a legal opinion, prepared by the equipment seller, vouching for a lease-purchase the board is entering?
The opinion concluded the board attorney may opine on the transaction's validity for his client the board, by reviewing the bidder's draft or writing his own, as long as the bidder is not also his…
Can a lawyer who is also a party and a likely necessary witness keep representing himself and co-owners if disqualification would cause his clients substantial hardship?
The opinion concluded yes; under Rule 3.7(a)(3) the lawyer may act as advocate despite being a likely necessary witness where disqualification would work substantial hardship on the client, provided…
Can a Mississippi lawyer advertise 'No recovery, no fee' when clients will still owe costs and expenses regardless of the outcome?
The opinion concluded such ads are misleading under Rule 7.1(a) when clients remain liable for expenses, because the public will not distinguish fees from costs, and 'until your case is won' may…
Must a Mississippi lawyer disclose a Mary Carter agreement to the court and opposing counsel even if it has not been sought in discovery?
The opinion concluded a lawyer has a duty to disclose the existence and terms of a Mary Carter agreement to the court and opposing counsel, whether or not it was requested in discovery.
Can a Mississippi lawyer investigate prospective jurors by sending a mass mailing to people in the trial county before trial?
The opinion concluded that investigating prospective jurors may not be done by mass or public mailing, particularly one that disseminates information inadmissible at trial or otherwise increases the…
Can a Mississippi lawyer who holds a contingent fee join with the client as a named party plaintiff in the lawsuit?
The opinion concluded a lawyer whose only interest is a contingent fee should not join as a named party plaintiff with the client, even though acquiring the contingent fee and securing it by…
Can a Mississippi lawyer mail a newsletter to clients and the public and hold educational legal seminars without violating the advertising rules?
The opinion concluded a lawyer may distribute a newsletter to clients, potential clients, and the public, and may hold or join educational seminars, provided the material is not false or misleading…
Can a Mississippi law firm pay associates and paralegals bonuses based on a profit-sharing arrangement tied to hours billed and collected?
The opinion concluded there is no ethical prohibition on the proposed bonus plans; Rule 5.4(a)(3) allows a firm to include nonlawyer employees in a compensation plan based in whole or in part on…
Can a Mississippi lawyer advertise that he is a board-certified trial specialist certified by the National Board of Trial Advocacy?
The opinion concluded a lawyer may not publicly state he is a certified specialist in any field other than patent or admiralty; because Mississippi has no procedure recognizing NBTA trial…
Can a Mississippi lawyer accept a deed to a divorce client's interest in a jointly-owned marital home as payment of the lawyer's fee?
The opinion concluded the lawyer may not accept a deed conveying the husband-client's interest in the jointly-owned home as a fee, because it would acquire a proprietary interest in the litigation's…
Can a Mississippi lawyer who handled a client's irreconcilable-differences divorce later represent that same client against the ex-spouse in a modification or contempt proceeding?
The opinion concluded such representation is permissible; no conflict arises from representing the same client against the same opponent in a later proceeding, provided the lawyer followed the…
Can an inactive member of the Mississippi Bar state on firm letterhead or in advertising that he is licensed and admitted to practice law in Mississippi?
The opinion concluded that an inactive member may not represent on letterhead or in advertising that he is licensed and admitted to practice in Mississippi, because by statute an inactive member is…
Can a part-time municipal judge pro tem and members of his law firm represent criminal defendants in the same municipal court where he sometimes presides?
The opinion concluded that a municipal judge pro tem and his firm may not represent defendants in that municipal court, even in cases he did not hear, but may represent defendants in circuit court…
Can a private attorney who takes legal services program cases, or who sits on the program's board, represent clients with interests adverse to the program's clients?
The opinion concluded that a private attorney associated with a legal services corporation, and the corporation's staff attorneys, may represent opposing parties in wholly unrelated cases on a…
Can a Mississippi lawyer who closed a buyer's real estate loan for the mortgage company, giving the buyer no legal advice, later defend the homebuilder in a suit brought by that buyer?
The opinion concluded the lawyer may defend the homebuilder, because the mortgage company's customer was never the lawyer's client; the lawyer's clients were the homebuilder and the mortgage…
Can a Mississippi law firm mail a brochure describing the firm to banks and other institutions that are not known to need legal services in a particular matter?
The opinion concluded a firm may prepare a brochure that complies with Rules 7.1, 7.2, 7.4, and 7.5, and may mail it generally to institutional recipients not known to need legal services in a…
Can a Mississippi lawyer pay or advance a subpoenaed fact witness the statutory witness fee plus expenses for attending trial?
The opinion concluded a lawyer may pay a subpoenaed fact (occurrence) witness the statutory witness fee plus reasonable expenses for mileage, meals, lodging, and lost time, and may advance those…
Can a Mississippi lawyer's contingent-fee contract set a termination fee, retain the client's file until paid, and bar the client from hiring new counsel until the fee is paid?
The opinion concluded a lawyer may set a termination fee that is not unreasonable, but may not retain a pending file in a way that prejudices the client, and that barring the client from changing…
Does a Mississippi lawyer commit an ethics violation by writing a personal check for personal goods that bounces for insufficient funds?
The opinion concluded that presenting a dishonored personal check for personal goods or services is not, by itself, an ethics violation unless the act reflects adversely on the lawyer's honesty,…
Can a lawyer serve as a city's special prosecutor on DUI appeals while also defending other clients on DUI appeals from that same city court?
No. The opinion concludes it is a forbidden conflict of interest for a lawyer to act as a city's special appeals prosecutor while simultaneously defending criminal appeals that originated in and…
Before suing, can a personal-injury lawyer contact the unrepresented tortfeasor directly to discuss the accident, the insurance coverage, and settlement?
Yes, if the tortfeasor is not actually represented by counsel in the matter. The lawyer may discuss the claim and coverage but must not make false statements, imply being disinterested, or give the…
Can an attorney who is also a licensed physician list both M.D. and J.D. (and a medical specialty) after his name on letterhead, business cards, and announcements to other lawyers?
Yes. The opinion concludes that an attorney who is also a licensed physician may use the M.D. and J.D. designations and his medical specialty on stationery, cards, and announcements, provided the…
If a clerk notifies a defendant's former criminal lawyer of a probation revocation petition, does the lawyer have an ethical duty to represent the defendant?
No. The opinion concludes that, absent an official court appointment, a lawyer has no duty to represent a former criminal client at a probation revocation proceeding; the original representation…
After a lawyer who practiced as 'AB & Associates' dies, can the surviving lawyers keep using his name in the firm name if they were not his partners?
No. The opinion concludes that a deceased lawyer's name may be carried forward only if surviving partners practiced with him and the firm is a true continuation; where the survivors were mere…
May a Mississippi lawyer let clients pay legal fees and expenses by credit card?
Yes. The opinion concludes that a lawyer may offer a credit card plan for paying fees and expenses, subject to conditions: not encouraging participation, not raising the fee, charging only for…
Can a Mississippi lawyer drafting a will let the existing client name the lawyer in the will as attorney for the client's estate?
The opinion concluded yes; where an existing client asks the lawyer to perform the additional service, no conflict of interest, solicitation, or attorney-client problem arises.
Can a part-time municipal judge serve as a criminal defense lawyer in Circuit Court on matters that originated in, and that he handled as judge in, his own Municipal Court?
No, for matters he handled. The opinion concludes that a part-time municipal judge may not represent a criminal defendant in Circuit Court where the judge participated in the lower-court…
Can a lawyer who once won a judgment against a person later represent that same person in an unrelated case, if both the former client and the new client consent?
Yes. The opinion concludes there is no per se conflict in representing a former adverse party in a totally unrelated matter where there is no substantial relationship, no use of privileged…
Must a lawyer who perfected a criminal appeal as a public defender finish prosecuting that appeal after leaving the office, even without pay?
Yes. The opinion concludes that once an attorney perfects an appeal he must prosecute it, with or without compensation, unless a court of competent jurisdiction permits him to withdraw or…
Can a lawyer who once handled a woman's personal injury claim later represent her husband in the divorce she has filed against her?
Yes. The opinion concludes that with no substantial relationship between the prior personal-injury representation and the divorce, and no confidences usable against the former client, the lawyer may…
Can one law firm represent both a county Board of Supervisors and a municipality located within that county, or represent the boards of two different counties?
Yes, with no per se conflict. The opinion concludes a firm may represent both a county board and a city within the county, or two county boards; if an actual conflict arises, the clients must get…
Can a lawyer disclose communications with a former client, by court-ordered affidavit, when that client claims the lawyer failed to file a requested appeal?
Yes. The opinion concludes a lawyer may reveal client communications when required by court order, and when the client has accused the lawyer of wrongful conduct, under the self-defense and…
If the opposing side subpoenas a lawyer to testify, can the lawyer keep representing his client in the same case?
Yes, until it becomes apparent the testimony is or may be prejudicial to the client. The opinion concludes that under Rule 3.7 a lawyer the opponent may call as a witness may continue as advocate…
If a lawyer holds judgment funds the client is entitled to, must the lawyer pay them to the client even though the losing side's appeal is still pending?
Yes, if the client is entitled to the funds as a matter of law. The opinion concludes Rule 1.15(b) requires the lawyer to promptly pay such funds on the client's request, while advising of a…
Can a law partner of a part-time county prosecutor serve as special master, or as appointed defense counsel, in civil commitment (mental treatment) hearings?
Not if the county attorney participates. The opinion concludes that if the part-time county prosecutor takes part in commitment proceedings, no member of his firm may serve as special master or as…
Does a lawyer's duty of confidentiality survive the client's death, and may the lawyer cooperate with police or testify about what the deceased client told them?
Yes, the duty survives death. The opinion concludes a lawyer owes a deceased client the same confidentiality as a living one and may not voluntarily aid a police investigation; the lawyer may reveal…
Can the partners of a part-time city attorney defend criminal cases, and does it matter whether the case is in city court versus county or circuit court?
It depends on the court and the city's involvement. The opinion concludes the city attorney's partners may not defend criminal cases in City Court, but may defend in county or circuit court (or…
When a sole practitioner dies, who must notify clients and courts, can the files be examined, and how long must they be kept?
The opinion concluded that the attorney handling the deceased lawyer's estate (or an attorney-executor) must promptly notify active clients and courts by individual letter and may examine client…
Can a lawyer who is also licensed in another profession, such as a registered professional engineer, list that other licensure on letterhead, business cards, and advertisements?
Yes. The opinion concludes it is not improper for a lawyer licensed in another profession, but not actively practicing it, to include that professional licensure on letterhead, business cards, and…
Can a former city attorney later represent a city commissioner, as a private client, in a lawsuit over financial matters that arose while the lawyer held the city attorney position?
Not without the city's consent. The opinion concludes that under Rule 1.11(a), if the former city attorney participated personally and substantially in the matter as a public officer, he may not…
Can a lawyer charge a workers' compensation client for case expenses like travel and deposition costs separately from the statutory 25% cap on attorney's fees?
Yes, assuming the statute does not prohibit it. The opinion concludes a lawyer may, and indeed must, charge the workers' compensation client for expenses incurred in the representation separate from…
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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.