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 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…
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 unle…
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 app…
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 c…
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 before…
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 adv…
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 repre…
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 t…
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 and …
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 conc…
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 D…
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 the…
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 a…
Does a lawyer have a duty to scrub confidential metadata from electronic documents, and is it unethical to mine metadata from a document received from another lawyer?
The opinion concludes a lawyer has an affirmative duty under MRPC 1.6 to take reasonable precautions so confidential metadata is not inadvertently disclosed, and that actively mining for confidential …
When a paralegal moves to a firm on the opposing side of a matter she worked on at her old firm, is the new firm disqualified, or can screening cure the conflict?
The opinion concludes that a nonlawyer's disqualification is not imputed to the new firm so long as the nonlawyer is screened from information about, and participation in, the matters she worked on at…
What are an attorney's duties when asked to handle and close the client files of a deceased attorney whose family will not open an estate?
The opinion concludes the assisting attorney has no legal duty to the deceased lawyer's clients, but if the attorney undertakes to close the practice, the attorney must inventory the files, screen for…
Can a law firm advertise that it will donate part of a client's legal fees to charity, for example to children's charities for car-wreck cases?
No. The opinion concludes that advertising that a client's legal fees will be shared with a charitable organization is prohibited, because it is a misleading comparison ad under MRPC 7.1 and runs afou…
Can a city attorney represent the executive branch (mayor) against the legislative branch (city council) of the same municipality, or vice versa?
No. The opinion concludes that a duly appointed municipal attorney may not, under any circumstances, represent one branch of the municipal government against another in litigation, because the city is…
How long must a Mississippi attorney keep client files, and when can the lawyer return them to the client or destroy them?
The opinion concludes there is no bright-line retention period; once the matter is concluded the lawyer should return the parts of the file that belong to the client, and if the client cannot be locat…
Does a Mississippi law firm have to submit its website to the Bar before using it, and does pointing readers to the site count as solicitation?
The opinion concludes a law firm website is an advertisement but is exempt from pre-dissemination submission under Rule 7.5(b)(8) when reached through a browser search the viewer initiates; including …
Are non-refundable retainers allowed under Mississippi's ethics rules?
The opinion concludes that Rule 1.5 does not per se prohibit non-refundable retainers as long as the fee is reasonable, but Rule 1.16(d) requires the lawyer to refund any unearned (unreasonable) porti…
Does a law firm employment agreement requiring a departing lawyer to pay the firm a buy-out amount violate the rule against restrictions on the right to practice?
The opinion concluded that a buy-out provision requiring a departing attorney to pay the firm a set amount to recoup the firm's investment in training is not a per se violation of MRPC 5.6, because it…
Must a Mississippi lawyer report another lawyer's misconduct under Rule 8.3 even if the client objects, the other lawyer denies it, and it was already reported in another state?
The opinion concluded that if the information meets Rule 8.3's knowledge and substantial-question standard, the Mississippi lawyer must report Mississippi misconduct to The Mississippi Bar; the client…
Can an insurance-defense lawyer agree to insurer litigation guidelines and send the insured's detailed bills to a third-party auditing service?
The opinion concluded that a lawyer may not enter any agreement letting a third-party insurer interfere with independent judgment for the insured, and may give the insured's detailed bills to a third-…
Can a divorce lawyer file a lis pendens against the client's jointly owned property to collect unpaid attorney's fees?
The opinion concluded that a lawyer may not encumber the property that is the subject matter of the representation to collect a fee; doing so acquires a prohibited proprietary interest and is adverse …
What must a Mississippi lawyer do with client or third-party funds that go unclaimed, and does it matter whether the owner is a client?
The opinion concluded that a lawyer must hold both client and third-party funds under Rule 1.15 and, when the owner cannot be located, dispose of them under the Mississippi Uniform Disposition of Uncl…
Can a lawyer who represented a plaintiff later represent one of the defendants in a post-settlement arbitration among the defendants, and can opponents disqualify the lawyer by naming him as a witness?
The opinion concluded that conflict rules apply even in non-litigation arbitration; the former plaintiff's lawyer could represent one defendant corporation in the post-settlement arbitration (to which…
Can a lawyer advise non-English-speaking clients through a non-lawyer interpreter and offer consultations over a 1-900 pay-per-call telephone number?
The opinion concluded that a lawyer may use a non-lawyer interpreter to communicate legal advice (and must do so when needed) so long as the lawyer supervises the interpreter to keep them from giving …
Must a public defender or court-appointed lawyer give an indigent client their file and pay for transcripts of court proceedings?
The opinion concluded that appointed counsel must, on request, give an indigent client the original or a copy of the client's file, but has no ethical duty to obtain or pay for transcripts of proceedi…
Can a lawyer require a client to sign a receipt or fee acknowledgment before handing over the client's file?
The opinion concluded that a lawyer discharged during a pending case may ask, but cannot require, the client to sign a receipt as a condition of releasing the file; once the case has concluded, the la…
Can a lawyer set up a corporation to solicit clients for a non-lawyer tax-consulting firm that will then hire the lawyer for the legal work?
The opinion concluded that a lawyer may not use a corporation that is the lawyer's alter ego to solicit tax-consulting clients for a non-lawyer firm when that firm will employ the lawyer to provide th…
Can a law firm that advised an accounting partnership later counsel some partners on terminating another partner, or sue that partner, without disclosure and consent?
The opinion concluded that a firm that represented an accounting partnership may not counsel some partners on terminating another partner, or represent the remaining partners in litigation against the…
Can a lawyer take stock in a corporation as the fee for incorporating it, and then give legal advice to the company the lawyer owns stock in?
The opinion concluded that taking stock as a fee for incorporating a business is not a per se conflict, and a lawyer may advise a corporation in which the lawyer owns stock, but both are subject to th…
Can a law firm that defends an insurance company's insureds represent a new client suing a different party insured by that same company?
The opinion concluded that a firm still defending some of an insurer's insureds may represent a client suing a different party insured by that same insurer, because the new representation is not direc…
If a lawyer's depression or post-traumatic stress makes it hard to handle cases, must the lawyer withdraw, and can the cases go back to the former firm?
The opinion concluded that a lawyer whose mental condition materially impairs the ability to represent a client must withdraw under Rule 1.16(a)(2); once the lawyer withdraws, the client may retain ot…
Can a former chancellor in private practice represent a party in later contempt or modification proceedings in a case the chancellor decided on the bench?
The opinion concluded that under Rule 1.12(a) a former chancellor may not represent a party in subsequent contempt or modification proceedings, including in non-contested or no-fault divorces, where t…
Can Mississippi lawyers practice through a professional limited liability company, and can nonlawyers or out-of-state lawyers be members?
The opinion concluded that the Mississippi Rules of Professional Conduct do not prevent lawyers from practicing as a professional limited liability company; the firm name must end in PLLC, each lawyer…
If a Mississippi lawyer knows an out-of-state lawyer is practicing law in Mississippi without a license, must the lawyer report it, and to whom?
The opinion concluded that a lawyer with actual knowledge that another lawyer is engaged in the unauthorized practice of law has a Rule 8.3 duty to report it, and that the duty is satisfied by reporti…
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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.