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 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 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 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 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…
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 …
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 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 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…
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 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…
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 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…
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 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…
Can a lawyer serve as a city's special prosecutor on DUI appeals while also defending other clients on DUI appeals from that same city court?
No. The opinion concludes it is a forbidden conflict of interest for a lawyer to act as a city's special appeals prosecutor while simultaneously defending criminal appeals that originated in and were …
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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.