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 ask close friends, relatives, and regular clients whether they have a will, and keep estate-planning brochures in the office?
Yes. The opinion concludes a lawyer may volunteer in-person advice and provide resulting services to close friends, relatives, and regular clients, because Rule 7.3 does not bar in-person contact with…
Can a lawyer appear on a TV news feature explaining bankruptcy law to the public?
Yes. The opinion concludes that participating in a news feature giving general legal information, without soliciting clients or claiming specialization, does not violate Rules 7.1, 7.2, or 7.3.
Can a lawyer let an insurance agent solicit will clients, gather their information, and send it in for the lawyer to draft the will?
No. The opinion holds it is improper for a lawyer to use a lay intermediary to solicit will clients and supply the facts; the lawyer must investigate competently himself and may not let a non-lawyer w…
Can the lawyer who drafted a will notify the client when estate-tax or testamentary law changes might defeat the will?
The opinion concluded that an attorney who drafted a will may choose to notify the testator that estate-tax or testamentary laws have changed and recommend the will be reviewed by an attorney, but the…
Can a Mississippi lawyer distribute informational cards to union members through the union, with the lawyer's name and contact information on them?
The opinion concluded the lawyer may do so because it is not materially different from permissible advertising or direct-mail solicitation, but the lawyer may not pay the union a fee for distribution …
Can a Mississippi lawyer mail a newsletter to clients and the public and hold educational legal seminars without violating the advertising rules?
The opinion concluded a lawyer may distribute a newsletter to clients, potential clients, and the public, and may hold or join educational seminars, provided the material is not false or misleading an…
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…
Does a Mississippi law firm have to submit its website to the Bar before using it, and does pointing readers to the site count as solicitation?
The opinion concludes a law firm website is an advertisement but is exempt from pre-dissemination submission under Rule 7.5(b)(8) when reached through a browser search the viewer initiates; including …
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 is the exclusive Mississippi provider for a for-profit prepaid legal plan let the plan's sales agents pitch memberships to individuals and families in person?
The opinion concluded that although Rule 7.2(c) lets a prepaid legal services plan advertise the firm's services, the plan's use of agents to make in-person sales contacts with prospective clients is …
Can a Mississippi law firm mail a brochure describing the firm to banks and other institutions that are not known to need legal services in a particular matter?
The opinion concluded a firm may prepare a brochure that complies with Rules 7.1, 7.2, 7.4, and 7.5, and may mail it generally to institutional recipients not known to need legal services in a particu…
Can a Mississippi lawyer drafting a will let the existing client name the lawyer in the will as attorney for the client's estate?
The opinion concluded yes; where an existing client asks the lawyer to perform the additional service, no conflict of interest, solicitation, or attorney-client problem arises.
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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.