Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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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…
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 not …
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 risk…
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 fo…
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 distribution …
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 issu…
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 Rul…
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 h…
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 creat…
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 r…
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 an…
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 profi…
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 guidanc…
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 no…
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 o…
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 company, …
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 amoun…
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 lawy…
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 cred…
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 proceedings, …
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 information…
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 r…
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 sepa…
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 court-orde…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.