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 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 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 …
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 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…
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…
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…
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…
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…
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…
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…
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.