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 lawyer respond to a former client's negative online review using information about the representation, if that information is in public court filings or the client revealed it in the review?
No. The opinion concludes that information relating to a representation stays confidential under MRPC 1.6 even when it appears in public court filings or the client disclosed it in the review, and the…
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 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 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 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…
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 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 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 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…
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…
Does a Mississippi lawyer remain responsible to a former client for later dealings or litigation after the original matter ended?
The opinion concluded no; once the lawyer-client relationship is effectively terminated at the end of the matter, the lawyer has no ethical duty to represent the former client in later dealings, and n…
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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.