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 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…
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 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 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 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 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 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 lawyer interview a former employee of an opposing organization that is represented by counsel, without first getting that counsel's consent?
The opinion concluded that no former employees of a represented organization are off-limits under Rule 4.2 (unless individually represented in the matter), but the interviewing lawyer must observe Rul…
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…
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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.