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 represent a current client against a former client when the two matters are unrelated and the lawyer holds no confidences usable against the former client?
Yes. The opinion concludes that under Rule 1.9 a lawyer need not withdraw from representing a present client against a former client where there is no substantial relationship between the matters…
When a client fires a lawyer mid-case, can the lawyer charge for copying the file and hold the file until the copy costs are paid?
The opinion concludes a discharged lawyer may charge the actual cost of duplicating the file but, in a pending matter, may not condition release of the copy on prior payment; after the matter has…
What must a lawyer do with client trust-account funds, such as filing-fee refunds, when the client cannot be located?
The opinion concludes the lawyer must continue to hold and account for the funds and make reasonable efforts to locate the client, until the money is presumed abandoned under the Mississippi Uniform…
Can a legal services lawyer open client files for inspection by auditors or evaluators from the funding legal services corporation?
No, not without the client's informed consent. The opinion concludes a legal services lawyer owes the same duty of confidentiality as any lawyer and may not reveal client confidences or secrets to…
Can a lawyer charge interest on a client's overdue legal bill, and what does the lawyer have to do first?
Yes, with the client's agreement. The opinion concludes a lawyer may charge interest on a delinquent account only if the client is advised the charge will be made and agrees to pay interest once the…
Can a lawyer serve both as a member of a nonprofit's board of trustees and as the paid attorney for that same board?
Yes, with no per se conflict. The opinion concludes a lawyer may serve as a director or board member of a nonprofit organization and also as its attorney without a conflict of interest per se, with…
Can a lawyer destroy the old client files of a deceased attorney, and what notice and confidentiality steps are required first?
The opinion concludes the files may be destroyed, but only after notifying each affected client and protecting their confidences; the lawyer must limit any review to what is needed to give notice…
Can a lawyer list the areas of practice he concentrates in, such as in a Martindale-Hubbell directory entry, without improperly claiming to be a specialist?
Yes. The opinion concludes a lawyer may list fields of concentration in a legal directory so long as the listing is not materially false, deceptive, or misleading and the lawyer does not claim to be…
If a court orders a lawyer to reveal client confidences the lawyer thinks are irrelevant to the case, can the lawyer comply without violating the ethics rules?
Yes. The opinion concludes a lawyer may reveal client confidences or secrets when required by law or court order and is not subject to discipline for doing so, but must first raise and assert the…
Can a lawyer ask close friends, relatives, and regular clients whether they have a will, and keep estate-planning brochures in the office?
Yes. The opinion concludes a lawyer may volunteer in-person advice and provide resulting services to close friends, relatives, and regular clients, because Rule 7.3 does not bar in-person contact…
Can a law firm list a paralegal or other non-lawyer staff member's name on the firm letterhead?
Yes, with a disclaimer. The opinion concludes a lawyer may list a paralegal's name on the letterhead if it is accompanied by language stating the person is not a lawyer; the term 'associate' may not…
How is a contingent fee calculated when a personal injury case settles in a structured settlement, and can the lawyer require a lump-sum payment of the fee?
The opinion concludes the fee method should be set in the contingent fee contract; absent that, when the fee is paid in a lump sum the fee should be based on the present value or the cost to the…
Can a lawyer retain a non-lawyer medical consultant on a contingent fee to evaluate a case and find expert witnesses, if the consultant will not testify?
Yes. The opinion concludes a lawyer may use a non-testifying medical consultant paid on a contingent basis, because Rule 5.4(a) is not triggered where the consultant's fee is separate from and not a…
After briefly representing a conservator, can a lawyer turn around and represent the ward against that conservator, and must the lawyer tell the court about the conservator's apparent wrongdoing?
The opinion concludes the lawyer is not disqualified under Rule 1.9 where the prior representation was not substantially related to the new matter and no privileged information was received; he…
Can a lawyer take a case to collect past-due alimony or child support on a contingent fee?
Yes. The opinion concludes a lawyer may collect past-due alimony or child support on a contingent fee, following Rule 1.5; the rule's bar on domestic-relations contingent fees applies to fees…
Can a law partner of the city prosecutor defend a criminal defendant if the prosecutor was never personally involved in the case?
No. Because the city prosecutor could not defend a criminal case brought by the municipality, Rule 1.10 imputes that disqualification to every lawyer in the prosecutor's firm, even after the case is…
How can a surviving law partner divide fees on pending files with the estate of a deceased partner when their agreement is silent on work in progress?
Without an agreement covering work in progress, Rule 5.4(a) bars sharing fees with the deceased partner's estate; the estate may be compensated only on a quantum meruit basis for work the…
Can one lawyer represent both spouses in a no-fault divorce, and later represent one of them against the other to enforce the settlement?
No. Representing both spouses in a no-fault divorce is a conflict under Rule 1.7, and the lawyer cannot later represent one spouse against the other under Rule 1.9. One spouse may proceed…
Can a lawyer defend a criminal defendant who was arrested because another of the lawyer's clients cooperated with the authorities?
No. The opinion holds the likelihood of a conflict is too great because the lawyer could be forced to attack the credibility of one client to defend another, so the representation is improper under…
Can a lawyer who is probating an old will also testify to prove that the signatures on it are genuine?
Yes, on an uncontested issue. Rule 3.7(a)(1) lets a lawyer act as advocate while also testifying where the testimony relates to an uncontested matter, so the lawyer may prove the genuineness of the…
Can a lawyer appear on a TV news feature explaining bankruptcy law to the public?
Yes. The opinion concludes that participating in a news feature giving general legal information, without soliciting clients or claiming specialization, does not violate Rules 7.1, 7.2, or 7.3.
Can a Mississippi lawyer share a firm letterhead with an out-of-state lawyer who is not licensed in Mississippi?
Yes, with conditions. Rule 7.7(c) lets a multi-jurisdiction firm use one name if the letterhead shows each lawyer's jurisdictional limits, but the association must be a genuine partnership, not a…
Can a lawyer who represented one spouse in a divorce later represent the other spouse to modify the decree?
No. The opinion holds that representing the former husband against the former wife the lawyer once represented, in a proceeding to modify child support, violates Rule 1.9's duty to a former client.
Can a law firm sue a current client on one matter while still representing that same client on an unrelated matter?
No, absent consent. The opinion holds a firm may not litigate against a current client, even on an unrelated matter, unless all parties give informed consent and no confidences are betrayed; one…
Can a city prosecutor privately represent a person to restore rights that person lost as a result of the prosecutor's own prosecution?
No. The opinion holds a city prosecutor cannot take private employment to reinstate driving privileges the client lost through the prosecutor's own prosecutorial work, under Rules 1.11 and 1.7.
Can a lawyer let an insurance agent solicit will clients, gather their information, and send it in for the lawyer to draft the will?
No. The opinion holds it is improper for a lawyer to use a lay intermediary to solicit will clients and supply the facts; the lawyer must investigate competently himself and may not let a non-lawyer…
When a client fires a lawyer mid-case, must the old lawyer hand over the file, and can a new lawyer take over before the old lawyer is paid?
Yes. The opinion holds that once discharged, a lawyer must surrender the client's file and withdraw, and a new lawyer may take the case; the discharged lawyer keeps a quantum meruit claim for…
Can a lawyer keep using the old partnership name after the partnership dissolves and the partners practice separately?
The opinion concluded that a lawyer may not continue using a former partnership name (here 'A and B') on signage, stationery, the bank account, and phone greeting after the partnership dissolves and…
Can the attorney for an executor represent the executor in a dispute brought by estate beneficiaries over the final accounting?
The opinion concluded that, absent other factors, the attorney for the executor of an estate does not have a conflict precluding him from representing the executor in an action by beneficiaries…
Can a part-time prosecutor take private employment in a civil case built on the same facts he investigated as a public prosecutor?
The opinion concluded that a part-time prosecuting attorney should not accept private employment to bring a civil action arising from a factual situation he actively investigated and pursued while…
Can one lawyer represent both an injured claimant and the workers' comp carrier's subrogation claim against the same third party?
The opinion concluded that a lawyer may represent both a claimant and the workers' compensation carrier (or self-insurer) pursuing a subrogation claim against the same third party, provided the…
Can the lawyer who drafted a will notify the client when estate-tax or testamentary law changes might defeat the will?
The opinion concluded that an attorney who drafted a will may choose to notify the testator that estate-tax or testamentary laws have changed and recommend the will be reviewed by an attorney, but…
Can a lawyer who serves part-time as a municipal traffic judge also defend criminal cases in that same city court?
The opinion concluded that an attorney who serves part-time as a municipal court judge presiding only over traffic offenses should not be permitted to also represent criminal defendants as an…
Can a lawyer take a fixed fee for title work while a mortgage lender collects and keeps an attorney's fee charged in the lawyer's name at loan closings?
The opinion concluded that a lawyer may not participate in a mortgage lender's loan closings in which the lender performs legal or quasi-legal services and collects and retains part of an…
Can a lawyer let a loan company file form collection suits in his name and keep the attorney's fees the suits recover?
The opinion concluded that the arrangement is improper under MRPC 5.3, 5.4, and 5.5: a lawyer who lets a loan company file fill-in-the-blanks declarations in his name, takes the contested cases, and…
Can a law firm that regularly represents a County Board of Supervisors also defend people charged with crimes in that same county?
The opinion concluded that it is not unethical for a lawyer or firm that regularly represents a County Board of Supervisors to defend criminal cases or handle civil cases in the same county, because…
Must a lawyer withdraw from representing two co-defendants when one pleads guilty and agrees to testify against the other?
The opinion concluded that a lawyer who represents two co-defendants must withdraw from both representations as soon as a conflict appears, even over the clients' objection, where one defendant…
Can a city attorney help his law partner argue a client's appeal before the city council?
The opinion concluded that a conflict of interest exists where a lawyer who is the City Attorney joins his law partner in arguing a private client's appeal before the City Council; under MRPC 1.7…
Can a lawyer sign blank form collection letters for a client to fill in and send out without the lawyer's supervision?
The opinion concluded that it is improper for an attorney to sign a supply of demand letters in blank and let the client fill in the customer's name and amount and mail them, because the attorney…
Can a lawyer buy meals, gifts, or entertainment for a judge or administrative hearing officer who hears the lawyer's cases?
The opinion concluded that it is improper and unethical for a lawyer to curry favor with a judge or administrative hearing officer by buying meals, giving whiskey, or paying for entertainment;…
Can a lawyer also run a real estate or insurance business, share office space with it, and advertise it?
The opinion concluded that it is not improper per se for a lawyer to engage in a law-related or other business such as real estate or insurance, provided all aspects conform to the Mississippi Rules…
Can a trial lawyer flatter or compliment the jury, like thanking them for their attention?
The opinion concluded that it is improper and unprofessional for a lawyer to curry favor with juries by fawning, flattery, or pretended solicitude for jurors' comfort, such as complimenting them on…
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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.