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 the…
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 reasonably, …
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 party…
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 l…
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, and…
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 using …
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 direc…
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 disc…
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 non-waivable…
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 agains…
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 possible …
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 Ru…
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 and …
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 a…
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 conf…
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 with…
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 b…
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 defen…
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 p…
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 could …
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 continge…
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 m…
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 partnership …
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 unrepresente…
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 Ru…
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 si…
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 case…
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 th…
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 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 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 lawye…
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 w…
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 services…
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 t…
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 ser…
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 lawyer…
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 the…
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 advocate…
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 'attorney's …
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 l…
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 t…
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 pleads…
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 and …
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 wa…
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 reli…
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, make…
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 Pr…
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 out-of-…
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 and…
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; marked …
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, an…
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 t…
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; the …
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 n…
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) may…
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 firm, …
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 client, …
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 oth…
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 na…
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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 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.