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.
No The Mississippi Bar opinions match these filters
Try a different search term or clear the filters.
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 n…
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 p…
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 o…
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 rep…
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 is …
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 Rul…
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 report…
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 tho…
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 concluded that a client's request for the return of its files is a notice of discharge, so new counsel may begin once the client tells the new lawyer of the discharge; whether former couns…
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 als…
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 firm…
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 th…
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 improper…
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 ide…
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 Rule…
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 of …
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 t…
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 withdr…
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 pro…
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 o…
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 Unclaimed …
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 i…
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 provide…
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 substa…
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 n…
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 cli…
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 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 assignmen…
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 certificatio…
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 s…
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 on …
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 case-by…
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 particu…
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, trust…
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 were …
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 un…
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 ended…
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 associat…
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 service…
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.
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 substitutes …
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 files…
Browse The Mississippi Bar opinions by topic
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 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.