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.
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 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…
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…
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 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 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…
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 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 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 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 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 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 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 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 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 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 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 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…
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 …
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 …
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 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 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…
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…
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.