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 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 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 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…
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…
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 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…
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 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 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 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 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 …
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…
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 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 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 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 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 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 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 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 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 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…
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…
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 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 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 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…
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…
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 …
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 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…
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…
If a lawyer is personally suing a former law partner, can the lawyer represent or advise a former firm client who wants to bring claims or a bar complaint against that partner, and must the lawyer report the partner's alleged misconduct?
The opinion concluded that a lawyer whose own interests are adverse to a former partner cannot ethically represent or advise the former client in claims against that partner, and that the lawyer has n…
After sitting in joint defense meetings for one co-defendant, can a lawyer later sue the other co-defendants on the same claims, even if the lawyer's former client is not a party?
The opinion concluded that a lawyer who attended joint defense meetings and helped develop a combined defense strategy may not later represent plaintiffs against the former co-defendants on the same o…
Can a lawyer who serves on the bar's Lawyers and Judges Assistance Committee represent another lawyer, or that lawyer's family, in a court proceeding to commit the lawyer for alcohol or drug abuse?
The opinion concluded that a member of the Lawyers and Judges Assistance Committee may not represent another attorney as a respondent in an alcohol or drug-abuse commitment proceeding, and may not rep…
Can an insurer hire defense counsel for its insured on the condition that the insurer controls litigation decisions like depositions, experts, and pretrial strategy?
The opinion concluded that defense counsel may not enter any agreement that delegates to a third-party insurer the lawyer's duty to exercise independent professional judgment for the insured, even tho…
Can a law firm take a contingent-fee or ownership interest in a client's new product that the firm helps market, and must it disclose that interest to potential buyers?
The opinion concluded that a lawyer or firm may acquire an economic interest in goods or services a client markets if the interest is disclosed and the client gives knowing, informed consent; the firm…
Is it a conflict for a city attorney to sue a different municipality when both cities belong to the same self-funded liability pool?
The opinion concluded it is not a conflict of interest for a city attorney to sue a municipality the attorney does not represent, even though the attorney's client city and the defendant city belong t…
Can a court-appointed criminal defense lawyer withdraw after the indigent client files a bar complaint against the lawyer?
The opinion concluded that once an indigent client files a bar complaint against appointed counsel, the resulting conflict of interest is great enough that the attorney may ethically request to withdr…
Can two Mississippi law firms list each other as 'Of Counsel' on their letterheads and in directories?
The opinion concluded it is not improper for a law firm to designate another law firm as 'Of Counsel' so long as the relationship is close, regular, and personal and the usage is not otherwise false o…
Can a Mississippi lawyer provide legal research and writing services to other lawyers outside the firm, and must the arrangement be disclosed to the client?
The opinion concluded a lawyer may provide research and writing services to outside lawyers, but the engaging lawyer must disclose the arrangement and obtain the client's consent unless the client's i…
Can a Mississippi lawyer share an office suite with non-lawyer professional counselors and also run a business doing legal research for other lawyers?
The opinion concluded a lawyer may do both: share office space with non-lawyers as long as the arrangement is not a law-practice partnership and client files are kept inaccessible to them, and provide…
Can a former judge later represent, as a lawyer, the defendant he sentenced in a petition for a Governor's pardon?
The opinion concluded no; under Rule 1.12 a lawyer may not represent anyone in a matter in which he participated personally and substantially as a judge, and presiding over the felony trial was substa…
Can a county board attorney sign a legal opinion, prepared by the equipment seller, vouching for a lease-purchase the board is entering?
The opinion concluded the board attorney may opine on the transaction's validity for his client the board, by reviewing the bidder's draft or writing his own, as long as the bidder is not also his cli…
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.