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 Mississippi lawyer use generative AI in practice, and what duties of confidentiality, competence, billing, and client disclosure apply?
Yes. The opinion concludes a lawyer may ethically use generative AI if the lawyer safeguards confidential information, is competent in the tool, verifies the accuracy of its output, bills reasonably, …
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…
How is a contingent fee calculated when a personal injury case settles in a structured settlement, and can the lawyer require a lump-sum payment of the fee?
The opinion concludes the fee method should be set in the contingent fee contract; absent that, when the fee is paid in a lump sum the fee should be based on the present value or the cost to the defen…
Can a lawyer take a case to collect past-due alimony or child support on a contingent fee?
Yes. The opinion concludes a lawyer may collect past-due alimony or child support on a contingent fee, following Rule 1.5; the rule's bar on domestic-relations contingent fees applies to fees continge…
How can a surviving law partner divide fees on pending files with the estate of a deceased partner when their agreement is silent on work in progress?
Without an agreement covering work in progress, Rule 5.4(a) bars sharing fees with the deceased partner's estate; the estate may be compensated only on a quantum meruit basis for work the partnership …
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 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 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 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 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…
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 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…
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…
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 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…
When a client fires a lawyer who took a flat fee up front, must the lawyer account for the money, itemize the work, and refund the unearned portion?
The opinion concluded that under Rule 1.16(d) a lawyer must, on termination and upon demand, account for all funds received, state the basis for retaining any advance payment, and refund any advance p…
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…
If a Mississippi lawyer realizes he has been charging an excessive, statute-violating attorney's fee in collection cases, must he correct past judgments and refund overcharges?
The opinion concluded the lawyer must stop charging the excessive fee, amend pending cases, not collect any amount above the statutory fee on unsatisfied judgments, and use reasonable diligence to ide…
Can a Mississippi lawyer accept a deed to a divorce client's interest in a jointly-owned marital home as payment of the lawyer's fee?
The opinion concluded the lawyer may not accept a deed conveying the husband-client's interest in the jointly-owned home as a fee, because it would acquire a proprietary interest in the litigation's s…
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…
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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.