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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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…
Must a lawyer withdraw from representing two co-defendants when one pleads guilty and agrees to testify against the other?
The opinion concluded that a lawyer who represents two co-defendants must withdraw from both representations as soon as a conflict appears, even over the clients' objection, where one defendant pleads…
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…
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…
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 require a client to sign a receipt or fee acknowledgment before handing over the client's file?
The opinion concluded that a lawyer discharged during a pending case may ask, but cannot require, the client to sign a receipt as a condition of releasing the file; once the case has concluded, the la…
If a lawyer's depression or post-traumatic stress makes it hard to handle cases, must the lawyer withdraw, and can the cases go back to the former firm?
The opinion concluded that a lawyer whose mental condition materially impairs the ability to represent a client must withdraw under Rule 1.16(a)(2); once the lawyer withdraws, the client may retain ot…
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…
When a client picks up its files from a lawyer, does that count as discharging the lawyer so that new counsel can take over?
The opinion concluded that a client's request for the return of its files is a notice of discharge, so new counsel may begin once the client tells the new lawyer of the discharge; whether former couns…
Can a Mississippi law firm's partnership agreement reduce a withdrawing partner's payout only if he agrees not to compete in the practice of law?
The opinion concluded that a covenant tying a departing partner's recovery from his capital account to a promise not to engage in the private practice of law in competition with the firm violates Rule…
Can a court-appointed criminal defense lawyer withdraw after the indigent client files a bar complaint against the lawyer?
The opinion concluded that once an indigent client files a bar complaint against appointed counsel, the resulting conflict of interest is great enough that the attorney may ethically request to withdr…
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…
If a clerk notifies a defendant's former criminal lawyer of a probation revocation petition, does the lawyer have an ethical duty to represent the defendant?
No. The opinion concludes that, absent an official court appointment, a lawyer has no duty to represent a former criminal client at a probation revocation proceeding; the original representation ended…
Must a lawyer who perfected a criminal appeal as a public defender finish prosecuting that appeal after leaving the office, even without pay?
Yes. The opinion concludes that once an attorney perfects an appeal he must prosecute it, with or without compensation, unless a court of competent jurisdiction permits him to withdraw or substitutes …
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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.