Miss. Code Ann. § 73-3-1 Repealed.
Repealed by Laws of 1979, ch. 486, § 10, eff from and after November 1, 1979.
[Codes, 1942, § 8647; Laws, 1932, ch. 122; Laws, 1954, ch. 213, §§ 1, 2 ¶¶ 1, 2]
Attorneys at Law
Miss. Code Ann. tit. 73, ch. 3
in effectMiss. Code Ann. § 73-3-2 Power to admit persons to bar; qualifications for admission; appeal from denial of admission; board of bar admissions; written examination; review for failing applicants; fees; certification of applicants for admission; issuance of order granting license to practice.
Power to admit persons to practice.— The power to admit persons to practice as attorneys in the courts of this state is vested exclusively in the Supreme Court of Mississippi. Qualifications.— (a)Each applicant for admission to the bar, in order to be eligible for examination for admission, shall be at least twenty-one (21) years of age, of good moral character, and shall present to the Board of Bar Admissions satisfactory evidence: That he has successfully completed, or is within sixty (60) days of completion of, a general course of study of law in a law school which is provisionally or fully approved by the section on legal education and admission to the bar of the American Bar Association, and that such applicant has received, or will receive within sixty (60) days, a diploma or certificate from such school evidencing the satisfactory completion of such course, but in no event shall any applicant under this paragraph be admitted to the bar until such applicant actually receives such diploma or certificate. However, an applicant who, as of November 1, 1981, was previously enrolled in a law school in active existence in Mississippi for more than ten (10) years prior to the date of application shall be eligible for examination for admission; provided that such an applicant graduated prior to November 1, 1984; That he has notified the Board of Bar Admissions in writing of an intention to pursue a general course of study of law under the supervision of a Mississippi lawyer prior to July 1, 1979, and in fact began study prior to July 1, 1979, and who completed the required course of study prior to November 1, 1984, in accordance with Sections 73-3-13(b) and 73-3-15 as the same exist prior to November 1, 1979; or That in addition to complying with either of the above requirements, he has received a bachelor’s degree from an accredited college or university or that he has received credit for the requirements of the first three (3) years of college work from a college or university offering an integrated six-year prelaw and law course, and has completed his law course at a college or university offering such an integrated six-year course. However, applicants who have already begun the general course of study of law as of November 1, 1979, either in a law school or under the supervision of a Mississippi lawyer shall submit proof they have successfully completed two (2) full years of college work. The applicant shall bear the burden of establishing his or her qualifications for admission to the satisfaction of the Board of Bar Admissions. An applicant denied admission for failure to satisfy qualifications for admission shall have the right to appeal from the final order of the board to the Chancery Court of Hinds County, Mississippi, within thirty (30) days of entry of such order of denial. Creation of Board of Bar Admissions.— There is hereby created a board to be known as the “Board of Bar Admissions” which shall be appointed by the Supreme Court of Mississippi. The board shall consist of nine (9) members, who shall be members in good standing of the Mississippi State Bar and shall serve for terms of three (3) years. Three (3) members shall be appointed from each Supreme Court district, one (1) by each Supreme Court Justice from his district, with the original appointments to be as follows: Three (3) to be appointed for a term of one (1) year, three (3) to be appointed for a term of two (2) years, and three (3) to be appointed for a term of three (3) years, one (1) from each district to be appointed each year. No member of the Board of Bar Admissions may be a member of the Legislature. Vacancies during a term shall be filled by the appointing justice or his successor for the remainder of the unexpired term. The board shall promulgate the necessary rules for the administration of their duties, subject to the approval of the Chief Justice of the Supreme Court. Written examination as prerequisite to admission.— Every person desiring admission to the bar, shall be required to take and pass a written bar examination in a manner satisfactory to the Board of Bar Admissions. The Board of Bar Admissions shall conduct not less than two (2) bar examinations each year. Oath and compensation of board members.— The members of the Board of Bar Admissions shall take and subscribe an oath to be administered by one (1) of the judges of the Supreme Court to faithfully and impartially discharge the duties of the office. The members shall receive compensation as established by the Supreme Court for preparing, giving and grading the examination plus all reasonable and necessary travel expenses incurred in the performance of their duties under the provisions of this section. Procedure for applicants who have failed.— Any applicant who fails the examination shall be allowed to take the next scheduled examination. A failing applicant may request in writing from the board, within thirty (30) days after the results of the examination have been made public, copies of his answers and model answers used in grading the examination, at his expense. If a uniform, standardized examination is administered, the board shall only be required to provide the examination grade and such other information concerning the applicant’s examination results which are available to the board. Any failing applicant shall have a right to a review of his failure by the board. The board shall enter an order on its minutes, prior to the administration of the next bar examination, either granting or denying the applicant’s review, and shall notify the applicant of such order. The applicant shall have the right to appeal from this order to the Chancery Court of Hinds County, Mississippi, within thirty (30) days of entry of such order. Fees.— The board shall set and collect the fees for examination and for admission to the bar. The fees for examination shall be based upon the annual cost of administering the examinations. The fees for admission shall be based upon the cost of conducting an investigation of the applicant and the administrative costs of sustaining the board, which shall include, but shall not be limited to: Expenses and travel for board members; Office facilities, supplies and equipment; and Clerical assistance. All fees collected by the board shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said board. All such funds shall be expended only in accordance with the provisions of Chapter 496, Laws of 1962, as amended, being Section 27-103-1 et seq., Mississippi Code of 1972. The board, upon finding the applicant qualified for admission, shall issue to the applicant a certificate of admission. The applicant shall file the certificate and a petition for admission in the Chancery Court of Hinds County, Mississippi, or in the chancery court in the county of his residence, or, in the case of an applicant who is a nonresident of the State of Mississippi, in the chancery court of a county in which the applicant intends to practice. The chancery court shall, in termtime or in vacation, enter on the minutes of that court an order granting to the applicant license to practice in all courts in this state, upon taking by the applicant in the presence of the court, the oath prescribed by law, Section 73-3-35, Mississippi Code of 1972. Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
Miss. Code Ann. § 73-3-3 Repealed.
Repealed by Laws of 1979, ch. 486, § 10, eff from and after November 1, 1979.
§ 73-3-3 . [Codes, 1942, § 8648; Laws, 1932, ch. 122; Laws, 1954, ch. 213, § 3] § 73-3-5 . [Codes, 1942, § 8650; Laws, 1932, ch. 122; Laws, 1954, ch. 213, § 4] § 73-3-7 . [Codes, 1942, § 8652; Laws, 1932, ch. 122] § 73-3-9 . [Codes, 1942, § 8652.5; Laws, 1954, ch. 213, § 5] § 73-3-11 . [Codes, Hemingway’s 1917, § 181; Laws, 1930, § 3682; 1942, § 8653; Laws, 1916, ch. 107; Laws, 1960, ch. 287] § 73-3-13 . [Codes, Hemingway’s 1917, § 182; 1930, § 3683; 1942, § 8654; Laws, 1916, ch. 107; Laws, 1954, ch. 213, § 6; Laws, 1974, ch. 510, § 1] § 73-3-15 . [Codes, 1942, § 8654.5; Laws, 1954, ch. 213, § 7] § 73-3-17 . [Codes, Hemingway’s 1917, § 183; 1930, § 3684; 1942, § 8655; Laws, 1916, ch. 107] § 73-3-19 . [Codes, Hemingway’s 1917, § 184; 1930, § 3685; 1942, § 8657; Laws, 1916, ch. 107; Laws, 1974, ch. 510, § 2] § 73-3-21 . [Codes, Hemingway’s 1917, § 185; 1930, § 3686; 1942, § 8658; Laws, 1916, ch. 107; Laws, 1922, ch. 255; Laws, 1954, ch. 213, § 8; Laws, 1977, ch. 462] § 73-3-23 . [Codes, Hemingway’s 1921 Supp. § 185a; 1930, § 3687; 1942, § 8659; Laws, 1920, ch. 146; Laws, 1922, ch. 255; Laws, 1974, ch. 510, § 3; Laws, 1977, ch. 360] Editor’s Notes — Former § 73-3-3 outlined the duties of the secretary of the State Bar. Former § 73-3-5 outlined the powers of the board of bar admissions. Former § 73-3-7 stated the general purpose of Article 1. Former § 73-3-9 provided for the examination required for admission to the bar. Former § 73-3-11 provided for the application to take the examination for admission to the bar. Former § 73-3-13 outlined the qualifications necessary for admission to the bar. Former § 73-3-15 provided for the study of law under the supervision of an attorney. Former § 73-3-17 provided for an inquiry into the moral character and other qualifications of applicants to the bar. Former § 73-3-19 provided for the subjects upon which applicants for bar admission could be examined. Former § 73-3-21 provided for how applicants were to be admitted and enrolled as attorneys. Former § 73-3-23 provided for the dismissal of an application. For present similar provisions to former §§ 73-3-5 though 73-3-2 3, see § 73-3-2 .
Miss. Code Ann. § 73-3-25 Admission of lawyers from other states.
Any lawyer from another state whose requirements for admission to the bar are equivalent to those of this state, who has practiced not less than five (5) years in a state where he was then admitted may be admitted to the practice in this state upon taking and passing such examination as to his knowledge of law as may be prescribed by rules adopted by the Board of Bar Admissions and approved by the Supreme Court and upon complying with the other requirements as set out in the laws and rules governing admission to the bar. Provided, however, the laws of the state from which the applicant comes grant similar privileges to the applicants from this state.
Any lawyer from another state desiring to be admitted to practice in Mississippi must make application to the Board of Bar Admissions. Such applicant shall present to the bar evidence of his good standing in the state from which he came, including a certificate from the clerk of the highest appellate court of the state from which he came, and from two (2) members of the bar of such state, certifying to his qualifications, good standing and moral character of the applicant, and may require the submission of additional evidence by the applicant. Upon satisfactory proof of the applicant’s qualifications and upon the applicant’s compliance with the requirements of this section, the board shall issue a certificate of admission to the applicant, as prescribed in Section 73-3-2(8). Each such applicant shall pay an application fee prescribed by the Board of Bar Admissions according to Section 73-3-2(7).
Miss. Code Ann. § 73-3-27 and 73-3-29. Repealed.
Repealed by Laws of 1979, ch. 486, § 10, eff from and after November 1, 1979.
§ 73-3-27 . [Codes, Hemingway’s 1917, § 186; 1930, § 3689; 1942, § 8661; Laws, 1916, ch. 107; Laws, 1964, ch. 375, § 1; Laws, 1974, ch. 510, § 5] § 73-3-29 . [Codes, Hemingway’s 1917, § 187; 1930, § 3690; 1942, § 8662; Laws, 1916, ch. 107; Laws, 1954, ch. 213, § 9; Laws, 1960, ch. 288; Laws, 1971, ch. 385, § 1; Laws, 1977, ch. 444] Editor’s Notes — Former § 73-3-27 provided for the time and place for meetings of the board of bar admissions. Former § 73-3-29 provided for an application fee for persons taking the bar examination. For present similar provisions, see § 73-3-2(7) .
Miss. Code Ann. § 73-3-31 Persons excepted from educational requirements.
The educational requirements both as to general education and legal education shall not apply to any person who may have graduated from a law school prior to October 1, 1954.
Miss. Code Ann. § 73-3-33 Repealed.
Repealed by Laws of 1979, ch. 486, § 10, eff from and after November 1, 1979.
[Codes, Hemingway’s 1917, § 188; 1930, § 3691; 1942, § 8663; Laws, 1916, ch. 107]
Miss. Code Ann. § 73-3-35 Oath in each court.
Every attorney and counselor at law, before he or she shall be permitted to practice, shall produce his or her license in each court where he or she intends to practice, and in the presence of such court, shall take the following oath or affirmation to wit:
“I do solemnly swear (or affirm) that I will demean myself, as an attorney and counselor of this court, according to the best of my learning and ability, and with all good fidelity as well to the court as to the client; that I will use no falsehood nor delay any person’s cause for lucre or malice, and that I will support the Constitution of the State of Mississippi and the Constitution of the United States. So help me God.”
And thereupon the name of such person, with the date of his or her admission, shall be entered in a roll or book to be kept in each court for that purpose.
Miss. Code Ann. § 73-3-37 Duties of attorneys.
It is the duty of attorneys:
To support the Constitution and laws of this state and of the United States; To maintain the respect due to courts of justice and judicial officers; To employ for the purpose of maintaining the causes confided to them, such means only as are consistent with truth, and never to seek to mislead by any artifice or false statement of the law; To maintain inviolate the confidence and, at every peril to themselves, to preserve the secrets of their clients; To abstain from all offensive personalities, and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which they are charged; To encourage neither the commencement nor continuance of an action or proceeding from any motives of passion or personal interest; Never to reject, for any consideration personal to themselves, the cause of the defenseless or oppressed.
Miss. Code Ann. § 73-3-39 Attorneys of other states may appear and plead in special causes; conditions and limitations.
It is hereby declared to be the public policy of the State of Mississippi that the practice of law before any court or administrative agency is a matter of privilege and not a matter of right. Subject to the conditions, rules and regulations adopted by the Supreme Court of Mississippi, any attorney or counselor at law of another state, in good professional standing, of good moral character and who is familiar with the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi may appear and plead in any special cause before any court or administrative agency in this state; provided, however, that in so appearing such attorney or counselor at law shall subject himself to the jurisdiction of the State Board of Bar Admissions and shall consent to the application of the provisions of this article. Upon petition of two (2) members in good standing of the bar of any county of the State of Mississippi, not members of the same firm, representing that any attorney or counselor at law of another state is appearing in any cause before any court or administrative agency of this state and raising the question of the qualifications of such attorney or counselor at law as set out in subsection (2) of this section or compliance by such attorney with the conditions, rules and regulations adopted by the Supreme Court of Mississippi, the State Board of Bar Admissions shall, or upon its own initiative may, make inquiry as to the professional standing, moral character, familiarity with the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi of any such attorney or counselor at law of another state and shall inquire as to such attorney’s professional standing with his local bar and into the question of whether or not such attorney is familiar with and willing to abide by the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi. In conducting the inquiry referred to in the preceding section, the State Board of Bar Admissions shall have authority to require the appearance of the attorney or counselor at law involved before it and shall have the power to subpoena witnesses and require the production of evidence, oral and documentary, and issue appropriate process therefor, and to do any and all other things which may be required to determine fully and completely the facts as issued before it. After such hearing the State Board of Bar Admissions shall make such determination as, in its opinion and sound discretion, is justified from the evidence before it and may permit or refuse to permit the said attorney or counselor at law to continue to appear and plead in such special cause. The action or decision of the Board of Bar Admissions in administering this section is hereby declared to be a judicial function and not administrative in character, and appeals from the decision of said board may be taken in accordance with the provisions of Section 11-51-75, Mississippi Code of 1972. Any attorney or counselor at law who wilfully makes any false or misleading statement to said board touching upon the matters under inquiry shall be guilty of perjury, shall be punished according to law upon conviction thereof, and the judgment of the court imposing such punishment shall, in addition, provide that such attorney or counselor at law shall be perpetually barred from practice before any court or administrative agency of this state. Any such attorney or counselor at law of another state who shall appear or plead in any court or administrative agency in this state after his qualifications shall have been called into question by the petition hereinbefore mentioned or by the State Board of Bar Admissions acting upon its own initiative and before having obtained an order from the said State Board of Bar Admissions authorizing his appearance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail for not more than six (6) months, or both such fine and imprisonment.
Miss. Code Ann. § 73-3-41 Persons convicted of felonies barred from admission; disbarment of licensed attorneys convicted of felonies.
Every person who has been or shall hereafter be convicted of felony in a court of this or any other state or a court of the United States, manslaughter or a violation of the Internal Revenue Code excepted, shall be incapable of obtaining a license to practice law. Any court of the State of Mississippi in which a licensed attorney shall have been convicted of a felony, other than manslaughter or a violation of the Internal Revenue Code, shall enter an order disbarring the attorney.
Miss. Code Ann. § 73-3-43 Clerks, sheriffs and other officers prohibited.
It shall not be lawful for a clerk of any court of record or the deputy or assistant of any such clerk, or for any sheriff or his deputy, to exercise the profession or employment of an attorney or counselor at law, or to be engaged in the practice of law, or to receive any fee or reward for any such services rendered during his continuance in such position; and any person offending herein shall be guilty of a misdemeanor, and, upon conviction, to be fined in a sum not exceeding Five Hundred Dollars ($500.00) and be removed from office; but this shall not prohibit the clerk of any court of record or the sheriff of any county from practicing in any of the courts so far as to enable them to bring to conclusion civil cases in which such clerk or sheriff are employed and which are actually filed and pending at the time when such clerk or sheriff is appointed or nominated in a party primary and subsequently elected to office.
Miss. Code Ann. § 73-3-45 Restrictions of certain persons to practice law.
If any justice court judge or the partner in the practice of law of any justice court judge shall appear before a justice court judge of his district as attorney or counsel in any misdemeanor case over which he has jurisdiction, or in any appeal of any such case from the judgment of such officer, or in any certiorari to any such officer for the same, he shall be guilty of a misdemeanor and, on conviction, shall be fined not more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both.
Miss. Code Ann. § 73-3-47 Partner of justice court judge prohibited from acting as attorney before such judge; penalty.
If the partner in the practice of law of any justice court judge shall appear before such justice court judge of his district, as attorney or counsel in any case, civil or criminal, or in any appeal from the judgment of such officer, or in any certiorari to such officer, he shall be guilty of a misdemeanor and, on conviction, shall be fined not more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both.
Miss. Code Ann. § 73-3-49 Partner of district attorney or county attorney not to defend in certain criminal cases.
Where two (2) or more attorneys at law of this state are associated together in practice as attorneys or counselors at law, and one (1) of such attorneys shall be district attorney of his district or the county attorney of his county, it shall be unlawful for such other attorney, or partner, to appear and defend in any of the courts of that county any person charged with a misdemeanor or felony, and this section shall apply, even though such association may exist only for the transaction of civil business in a particular court.
Any attorney violating this section shall be deemed guilty of a misdemeanor and, on conviction shall be fined in the sum of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), and shall forfeit his license to practice law in this state.
Miss. Code Ann. § 73-3-51 Attorney general and district attorneys and their law partners not to accept employment from corporations of certain kind.
It shall be unlawful for the Attorney General or any assistant attorney general, or any district attorney, or any attorney at law associated in the practice as attorney or counselor at law with any attorney general or district attorney, to accept employment from or to represent as attorney or counselor at law any railroad corporation, street railway corporation, telephone or telegraph corporation, express company, or other common carrier, or public service corporation whatsoever, and any attorney violating this section shall be guilty of a misdemeanor and, on conviction, shall be fined in a sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), and shall forfeit his license to practice law in this state.
Miss. Code Ann. § 73-3-53 Repealed.
Repealed by Laws of 1983, ch. 457, § 18, eff from and after July 1, 1983.
[Codes, Hutchinson’s 1848, ch. 26, art. 3(6); 1857, ch. 9, art. 7; 1871, § 2250; 1880, § 2404; 1892, § 216; 1906, § 223; Hemingway’s 1917, § 200; 1930 § 3703; 1942, § 8675]
Miss. Code Ann. § 73-3-55 Unlawful to practice law without license; certain abstract companies may certify titles.
It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43. Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law. This section shall not, however, prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.
Miss. Code Ann. § 73-3-57 Unlawful to encourage litigation.
It shall be unlawful for an attorney at law licensed in this or any other state, either before or after action brought, to promise, or give or offer to promise or give, a valuable consideration to any person as an inducement to placing, or in consideration of having placed in his hands, or in the hands of any partnership of which he is a member, a demand of any kind, for the purpose of bringing suit or making claim against another, or to employ a person to search for and procure clients to be brought to such attorney.
Miss. Code Ann. § 73-3-59 Unlawful to encourage litigation; penalty.
Any attorney at law who shall violate the provisions of the preceding section shall be guilty of a misdemeanor and shall be removed and disbarred from acting as an attorney at law, and any person who shall, before or after suit brought, receive or agree to receive from any attorney at law, compensation for services in seeking out or placing in the hands of an attorney a demand of any kind for suit or a compromise, shall be guilty of a misdemeanor.
Miss. Code Ann. § 73-3-61 and 73-3-63. Repealed.
Repealed by Laws of 1979, ch. 486, § 10, eff from and after November 1, 1979.
§ 73-3-61 . [Codes, 1942, § 8662.9; Laws, 1954, ch. 213, § 13] § 73-3-63 . [En Laws, 1973, ch. 381, § 2] Editor’s Notes — Former § 73-3-61 provided that certain sections were to be known as the Bar Standards Law. Former § 73-3-63 provided for the payment of all examination and license fees received by the board of law admissions to the state treasurer for deposit in a special fund to the credit of the board, and for the expenditure of such fund.
Miss. Code Ann. § 73-3-101 Bar association created.
The resident lawyers now authorized to practice law in the State of Mississippi are hereby and herewith constituted an association which shall be known as the Mississippi Bar.
Miss. Code Ann. § 73-3-103 All lawyers members.
All resident persons now or hereafter admitted to practice law in the state shall be members of this association.
Miss. Code Ann. § 73-3-105 Bar association; officers; bylaws.
The bar shall elect a president, a first vice president and president-elect, and a second vice president, who shall each serve for a term of one (1) year. None of such officers shall be eligible to succeed himself.
The bar shall adopt bylaws for its government, fixing the term of office for the officers and members of the Board of Commissioners, providing for the times and methods of the election of officers and members of the Board of Commissioners, authorizing sections of the bar, providing for committees through which the activities of the bar would be carried on, prescribing the methods by which the time for the annual meetings of the bar and of the Board of Commissioners shall be set, prescribing the manner in which special meetings of the officers, the board, and the bar may be called and held, authorizing the board to elect an executive committee with a determination of its composition and what powers may be delegated to such executive committee, and covering other proper subjects. Such bylaws shall not be inconsistent with the provisions of this chapter.
Miss. Code Ann. § 73-3-107 Governing board.
The bar shall be controlled and governed by a Board of Commissioners consisting of as many members as shall be established by the bylaws of the bar or any amendments thereto, adopted at an annual meeting of the bar.
Miss. Code Ann. § 73-3-109 Governing board; quorum.
At all meetings of the board of commissioners a majority of the entire membership shall constitute a quorum for action upon any questions that may come before the board except such questions as this article or the by-laws of the organization may require to be passed upon by a larger portion of the membership.
Miss. Code Ann. § 73-3-111 Secretary; election; term of office; duties.
A secretary, who may be designated as executive director, shall be elected by the Board of Commissioners and shall hold office for one (1) year.
The secretary shall keep and maintain rolls which shall contain the name and place of residence of every lawyer in the state. He may adopt such means as he thinks best to make the rolls accurate and complete. There shall be made a separate roll for each circuit court district.
The secretary shall keep minutes of all meetings of the Board of Commissioners and such minutes, signed by the chairman and secretary, shall be the evidence of the proceedings had and actions taken by the board. He shall also keep the minutes of each meeting of the bar, which minutes signed by him and by the presiding officer shall be evidence of the proceedings had and actions taken by the bar.
Miss. Code Ann. § 73-3-113 Secretary to act as treasurer; bond required; accounting of revenues and expenditures in proposed budget; independent audit of association.
The secretary shall also perform the duties of treasurer. He shall make bond for the safe handling of all funds for which he may become responsible, the bond to be in such penalty, with such sureties, and conditioned as the Board of Commissioners may require. Annually, and not less than thirty (30) days in advance of the date the Board of Commissioners is to consider the proposed budget of the bar for the next fiscal year, the secretary shall publish in an official publication of the bar a detailed accounting of all projected revenues and each item of expenditure in the proposed budget. Items of expenditure relating to disciplinary functions of the bar shall appear separately from those relating to nondisciplinary functions. In addition, the secretary shall annually cause to be made an independent audit by a certified public accountant of all receipts, expenditures and funds under the control of the bar and shall publish such audit in an official publication of the bar.
Miss. Code Ann. § 73-3-115 Location of office of secretary; meeting of board of commissioners.
The secretary shall maintain his office at the seat of government. But the meetings of the Board of Commissioners shall be at such places as the board may select from time to time or as may be designated in calls made as herein authorized. The meetings of the bar shall be held at such places as the bar may from time to time select. The secretary shall attend all meetings of the board and all meetings of the bar.
Miss. Code Ann. § 73-3-117 Compensation.
The secretary shall receive a salary in such amount and payable in such manner as the Board of Commissioners may prescribe from time to time. No other officer shall be paid a salary. But the traveling expenses of members of the board attending meetings of the board and such expenses of committees making trips on business of the bar shall be paid.
Miss. Code Ann. § 73-3-119 Membership required.
Enrollment on the list of members of the bar and the payment of annual enrollment fees as required hereby shall be prerequisites to the continued practice by any lawyer already admitted and to the engaging in the practice by persons hereafter admitted. The date on which the provisions of this section shall become operative will be determined in the manner hereinafter provided.
Miss. Code Ann. § 73-3-120 Types of membership; active; inactive; continuing legal education requirements.
Members of the bar shall be divided into active and inactive membership classes which shall be defined as follows:
“Active member” means any person admitted to practice law in this state and who is engaged in the practice of law in this state. Except as otherwise provided in Section 73-3-125, all active members shall be entitled to vote and hold office in the bar.
“Inactive member” means any member, in good standing, who is not engaged in the practice of law in this state. A person may, upon written request, be enrolled as an inactive member. Inactive members shall not be entitled to vote and hold office in the bar.
As used in this section, the “practice of law” shall include any person holding himself out as a practicing attorney or occupying any position in which he may be called upon to give legal advice or counsel or to examine the law or to pass upon the legal effect of any act, document or law.
The Mississippi Bar shall promulgate rules and regulations regarding continuing legal education requirements between active and inactive status.
Miss. Code Ann. § 73-3-121 Change of residence.
Any lawyer changing his residence from one circuit to another shall promptly notify the secretary who shall make the changes on his rolls to show such person’s name on the roll of the proper district.
Miss. Code Ann. § 73-3-123 Enrollment fees.
Each member of the bar shall, unless exempt by virtue of Section 73-3-125 and Section 33-1-39, pay enrollment fees each year in an amount as established by the board of commissioners, but not to exceed the sum of Four Hundred Dollars ($400.00)for those members admitted to practice law for three (3) years or more; and Two Hundred Sixty Dollars ($260.00) for those members admitted to practice law for one (1) year, but less than three (3) years; and Two Hundred Dollars ($200.00) for those members admitted to practice law less than one (1) year; and Fifty Dollars ($50.00) for those members on inactive status. All enrollment fees shall be paid for the same period, that is, for the period of one (1) year beginning on the day and month to be determined as provided in Section 73-3-127. The enrollment fees shall be paid to the secretary of the bar. The Board of Bar Commissioners shall increase enrollment fees within the limitations imposed by subsection (1) of this section by not more than the minimum increment necessary to cover the annual expenses of The Mississippi Bar.
Miss. Code Ann. § 73-3-125 Dues; persons exempt or excepted.
All lawyers over the age of seventy-five (75) years, and the judges of the Supreme Court, Court of Appeals and circuit, chancery and county judges, United States magistrates, judges of the bankruptcy courts, the judges of the federal courts, and federal administrative law judges are exempt from the payment of enrollment fees. Lawyers over the age of seventy-five (75) years and judges of the classes enumerated in this section shall be active members except that no judge shall be eligible to membership on the Board of Commissioners. Lawyers who have retired from the practice of law because of age, serious illness or permanent disability may be placed on inactive status and shall be exempt from the payment of enrollment fees.
Miss. Code Ann. § 73-3-127 Dues; failure to pay after notice.
Any member failing to pay any enrollment fees within sixty (60) days after the same become due shall be considered delinquent and shall be given written notice of his delinquency mailed to him by United States mail, addressed to his last known address. If the delinquent fails to pay such enrollment fees within thirty (30) days after written notice of delinquency, he shall stand suspended from membership in the Mississippi Bar. It shall be the duty of the secretary, upon any member’s becoming suspended as above stated, to notify the delinquent in writing by United States certified mail of his suspension, and to notify the courts of the county of his last known address of such fact, viz; the circuit court, the chancery court and the county court, if there be a county court, by mailing such notice to the presiding judge and to the clerk of such court. Any member shall be reinstated upon payment of delinquent enrollment fees and a penalty in an amount equal to one-half (1/2) of the delinquent enrollment fees. The secretary, upon such payment, shall forthwith notify the courts above-mentioned of such fact and the clerks thereof shall file and preserve such notice.
Miss. Code Ann. § 73-3-129 President; duties.
The president shall preside at all meetings of the bar, and shall have such duties as the bar may by its bylaws prescribe. In his absence, or in case of his inability to perform his duties they shall devolve upon the first vice president; and in the absence or inability to act of the first vice president the duties of the president shall be performed by the second vice president.
Miss. Code Ann. § 73-3-131 President; chairman of the board.
The president shall be a member and the chairman of the board of commissioners. In case he is absent from any meeting of the board, the vice president and president-elect shall preside; and in case the vice president and president-elect is absent from any meeting of the board, some other member of the board shall be selected by the members in attendance to preside at that meeting.
Miss. Code Ann. § 73-3-133 Vice-presidents.
The vice president and president-elect and the second vice president shall be members of the board of commissioners.
Miss. Code Ann. § 73-3-135 Vacancies.
Vacancies in any office, including the office of commissioner, shall be filled by the board of commissioners and any person so elected by the board of commissioners to fill a vacancy shall hold for the balance of the term of his immediate predecessor in office.
Miss. Code Ann. § 73-3-137 Vacancies; members absent.
If any member of the board shall be absent from three successive meetings thereof, unless the reason for his absence shall be temporary illness, the board may declare his office vacant and proceed to fill it as provided in the last preceding section.
Miss. Code Ann. § 73-3-139 Board; election.
The membership of the bar shall establish by the adoption of bylaws and amendments thereto at any annual meeting of the bar the time, method and procedures for the election of officers and members of the board. The names of those persons nominated by any method other than by petition of the general membership shall be published in an official publication of the bar at least thirty (30) days in advance of the deadline for nominations by petition of the general membership to be filed, and the bylaws of the bar shall provide in addition to any other method for the nomination of officers and members of the board the manner and procedure by which the general membership of the bar may make nominations by petition. All bylaws of the bar in existence at the time of the adoption of this section shall continue in full force and effect, until such time as such bylaws may be amended by the membership of the bar in accordance with the provisions of the bar bylaws.
Miss. Code Ann. § 73-3-140 Lease of office space.
The Board of Commissioners, any officer or the Executive Director of the Mississippi Bar shall not be authorized to lease any office space for the use of the Mississippi Bar if such space is being leased for an annual amount in excess of the annual amount paid by the State Supreme Court for its office space. The lease of any office space by the Board of Commissioners, an officer or the Executive Director of the Mississippi Bar for the use of the Mississippi Bar must be approved by the Department of Finance and Administration. The bylaws of the bar shall not be in conflict with the provisions of this section. The provisions of this section shall not apply to any lease existing as of July 1, 1991.
Miss. Code Ann. § 73-3-141 Duties of board.
The Mississippi Bar shall be governed by the Board of Commissioners which shall have the powers and duties in this article conferred and which shall be charged with the executive functions of the bar and with the duty to enforce the provisions of this article. But the Board of Commissioners shall observe general rules, not in conflict with the provisions of this article, adopted in the form of bylaws or otherwise by the bar.
Miss. Code Ann. § 73-3-143 Rules of conduct; advisory opinions.
The board shall, subject to the approval of the justices of the Supreme Court, formulate reasonable rules governing the conduct of all persons admitted to practice. The Board of Commissioners shall render advisory opinions, upon the written request of any member of the bar, as to the validity or propriety of any proposed act or course of conduct.
Miss. Code Ann. § 73-3-145 Bar; recommendations; powers.
It shall be the duty of the Mississippi Bar, by and through its president, to recommend to the State Legislature such legislation relating to the courts, to matters of pleading, practice and procedure, and any other legislation which in its judgment will improve the courts and the law, or render the members of the bar more efficient as ministers of justice and the courts more efficient as instrumentalities for its attainment. The bar shall have the right to make rules and bylaws not in conflict with any of the terms of this article concerning the selection and tenure of its officers and committees and their powers and duties, and generally for the control and regulation of the business of the board and of the bar. The bar shall have the authority to hold and conduct educational and social meetings and activities among the members of the bar, to publish journals and generally to do such things as in their judgment may tend to improve the educational and ethical standing of the bench and bar.
Miss. Code Ann. § 73-3-147 Repealed.
Repealed by Laws of 1974, ch. 566, § 29, eff from and after July 1, 1974.
§ 73-3-147 . [Codes, 1942, § 8711; Laws, 1932, ch. 121] § 73-3-149 . [Codes, 1942, § 8712; Laws, 1932, ch. 121] § 73-3-151 . [Codes, 1942, § 8713, Laws, 1932, ch. 121] § 73-3-153 . [Codes, 1942, § 8714; Laws, 1932, ch. 121] § 73-3-155 . [Codes, 1942, § 8715; Laws, 1932, ch. 121] § 73-3-157 . [Codes, 1942, § 8716; Laws, 1932, ch. 121] § 73-3-159 . [Codes, 1942, § 8717; Laws, 1932, ch. 121] § 73-3-161 . [Codes, 1942, § 8718; Laws, 1932, ch. 121] § 73-3-163 . [Codes, 1942, § 8720; Laws, 1932, ch. 121] § 73-3-165 . [Codes, 1942, § 8721; Laws, 1932, ch. 121] § 73-3-167 . [Codes, 1942, § 8722; Laws, 1932, ch. 121] § 73-3-169 . [Codes, 1942, § 8723; Laws, 1932, ch. 121] Editor’s Notes — Laws of 1974, ch. 566, § 30, which repealed this section, effective July 1, 1974, provides as follows: “SECTION 30. Nothing in this act shall be construed to defeat or affect in any manner whatsoever any proceeding, appeal or petition for reinstatement concerning any member or former member of the Mississippi State Bar commenced prior to the effective date of this act under the authority of the statutes hereby repealed.” Former § 73-3-147 provided for disbarment proceedings. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-149 provided for suspension from practice. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-151 provided for reprimands. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-153 provided for reinstatement to practice. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-155 provided that the disbarment and reinstatement proceedings be recorded. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-157 conferred jurisdiction on the circuit and chancery courts to hear matters relating to disbarment. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-159 provided for notice of disbarment proceedings. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-161 provided for the disqualification of members of the board of commissioners in matters dealing with complaints made against board members. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-163 dealt with how evidence was to be procured in disbarment proceedings. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-165 stated the rights of the accused in matters relating to disbarment proceedings. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-167 provided for the manner in which subpoenas were to be served in disbarment proceedings. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq. Former § 73-3-169 provided for the payment of fees to witnesses in disbarment proceedings. Matters relating to the suspension or disbarment of attorneys at law may now be found in §§ 73-3-301 et seq.
Miss. Code Ann. § 73-3-171 Regulation of fees prohibited.
The board of commissioners shall have no authority to regulate the fees or charges of lawyers for the rendition of their professional services. Nor shall it in any way undertake to regulate such fees or charges.
Miss. Code Ann. § 73-3-201 Short title.
This article shall be known as “The Law Student Limited Practice Act.”
Miss. Code Ann. § 73-3-203 Law student program in public interest.
It is in the public interest to encourage the establishment and operation of effective legal internship and clinical legal education programs by law schools in this state and the utilization of services of law students in such programs as a form of legal education.
Miss. Code Ann. § 73-3-205 Definitions; qualifications.
For purposes of this article, the following words and terms shall have the following meanings:
“Law student” means a law student regularly enrolled in a law school in this state who (i) if enrolled and assigned in a legal internship program, has completed two-thirds (2/3) of the required number of hours for graduation from that school, or (ii) if enrolled in a clinical legal education course, has completed one-half (1/2) of the required number of hours for graduation from that school.
“Legal internship program” means a program or course for academic credit which is established by a law school of this state and directed or generally supervised by a member of the faculty or staff of the school in which law students are assigned to work under the supervision of supervising attorneys.
“Supervising attorneys” means attorneys who: (i) are licensed to practice law in Mississippi and who are public officials, or (ii) are licensed to practice law in Mississippi and have actively practiced more than three (3) years in public offices, agencies or departments, in public defender offices, or in nonprofit or publicly funded legal services or agencies and to whom students are assigned as interns.
“Clinical legal education course” means a course for academic credit which is established by a law school in this state in which law students assist a clinical teacher in providing legal services to clients under the direct and regular personal supervision of the clinical teacher.
“Clinical teacher” means a member of the faculty or staff of a law school in this state who teaches and supervises law students in a clinical legal education course and is licensed to practice law in Mississippi.
Miss. Code Ann. § 73-3-207 Authorization to practice law; conditions; compensation.
A law student enrolled in a legal internship program or a clinical legal education course is authorized to engage in limited practice in the state and federal courts of this state with the following conditions and limitations:
The law student will petition the court and take the oath, as prescribed in this article, and be admitted to limited practice by an order of a judge of a circuit or chancery court, as prescribed in this article, in the district in which the student will practice, or by an order of a United States District Judge or United States Magistrate Judge of the United States District Court for the Southern District of Mississippi or the United States District Court for the Northern District of Mississippi.
Upon filing the oath and order in the office of the clerk of that court, the law student will be authorized to engage in limited practice in any state or federal court in the state subject to any controls and limitations ordered by the judge of the court.
The authority for limited practice by a law student will continue during any regular school terms in which the law student is enrolled in a legal internship or clinical legal education course, including the intersessions between terms. The authority may be revoked by the court granting it for good cause.
A law student may not directly represent clients but may only assist the supervising attorney or clinical teacher in representing their clients. All pleadings and entries of record in courts must be signed by the supervising attorney or clinical teacher.
Law students may appear and participate in trials and hearings in courts if the supervising attorney or clinical teacher is present and supervising the student.
Law students assigned as interns to prosecuting attorneys may assist the supervising attorney before grand juries subject to the same prohibitions and penalties as to disclosure and secrecy as are members of the grand jury.
Law students will be subject to the same standards and rules of professional conduct and ethics and the same rules of discipline as are licensed attorneys.
Law students shall receive no compensation for their services but may be reimbursed actual expenses if funds are available for that purpose.
Miss. Code Ann. § 73-3-209 Oath.
A law student who meets the qualifications set forth in this article may petition a circuit court, chancery court, the United States District Court for the Southern District of Mississippi or the United States District Court for the Northern District of Mississippi and present the oath in the following form:
“PETITION AND OATH FOR ADMISSION TO LIMITED PRACTICE
The undersigned,_______________ , does state and affirm that I am a law student who has the qualifications for admission to limited practice under the Law Student Limited Practice Act, Section 73-3-201 et seq., Mississippi Code of 1972, and seek the authority of this court to engage in limited practice under that act.
I do, upon my oath, solemnly swear (or affirm) that when granted that authority I will demean myself in accord with the conditions and limitations of the Law Student Limited Practice Act according to the best of my learning and ability and with all good fidelity as well to the court as to the client; that I will use no falsehood nor delay any person’s cause for lucre or malice, and that I will support the Constitution of the United States and of the State of Mississippi so long as I continue a citizen thereof.
It is therefore prayed that this court order my admission to limited practice pursuant to said act.”
The filing of the petition signed by the law student will constitute a sworn statement by the student under oath.
Miss. Code Ann. § 73-3-211 Order of judge administering oath; duration of authority to practice law.
Upon finding that a law student meets the qualifications for limited practice under this article, a judge of the court may order the admission of the student to limited practice in the following form:
“ORDER
Be it known that_______________ , a law student, has petitioned this court for admission to the limited practice of law and presented the prescribed oath pursuant to the provisions of the Law Student Limited Practice Act, Section 73-3-201 et seq., Mississippi Code of 1972, and having found that said petitioner is a citizen of the United States who meets the requirements for such admission, the court therefore finds that petitioner is entitled to admission to the limited practice of law under said act.
It is therefore ordered and adjudged that_______________is admitted to the limited practice of law as a law student in all the state and federal courts of this state for the duration and upon the terms, conditions and limitations prescribed by said act.
Ordered and adjudged this_______________day of_______________ , 20 _______________ .”
The petition and oath of the law student and the order of the court will be kept on file in the office of the clerk of the court.
Miss. Code Ann. § 73-3-301 Disciplinary jurisdiction.
Any attorney regularly admitted to practice law in the state of Mississippi or any attorney specially admitted to practice law by a court of this state or any individual admitted to practice as an attorney in any other jurisdiction who regularly engages in the practice of law within this state as house counsel to corporations or other entities, counsel for governmental agencies, out-of-state lawyers admitted or permitted to practice law in this state by comity, bar examination or otherwise are subject to the exclusive and inherent disciplinary jurisdiction of the supreme court of Mississippi and the disciplinary agencies hereinafter established and designated; provided, however, nothing herein contained shall be construed to deny to any other court such powers as are necessary for that court to maintain control over practice in and proceedings conducted before it, such as the power of contempt, nor to prohibit local bar associations from censuring, suspending or expelling their members from membership in such local bar association.
Miss. Code Ann. § 73-3-303 Disciplinary agencies of court.
The jurisdiction of the court shall be administered in the manner hereinafter set out, and the following entities are hereby established and designated as agencies of the court for such purposes:
The Board of Commissioners of the Mississippi Bar, including the Executive Director of the Mississippi Bar and complaint counsel.
The committee on complaints of the Mississippi Bar.
The complaint tribunals appointed by the Supreme Court of Mississippi.
Miss. Code Ann. § 73-3-305 Composition of disciplinary agencies; employment of complaint counsel and other employees.
The composition of the aforesaid disciplinary agencies shall be as follows:
Board of Commissioners. The Board of Commissioners of the Mississippi Bar is provided for in Section 73-3-107, Mississippi Code of 1972. The board shall have the authority to employ and compensate a competent person to serve as complaint counsel, who shall be a member of the bar of this state and who shall serve at the pleasure of the board, either in a full-time or part-time capacity. In addition, the board shall have the authority to employ and compensate such assistants to and staff for the complaint counsel and to employ and compensate such other persons as the board may from time to time deem necessary or advisable to effect the disciplinary procedures set forth herein.
Committee on complaints. The committee on complaints shall be appointed by the President of the Mississippi Bar in the manner provided in its bylaws, but said committee shall consist of at least one (1) member from each of the Supreme Court districts of the state. The chairman and vice chairman of the committee shall be designated by the President of the Mississippi Bar.
Complaint tribunals. Complaint tribunals for each of the Supreme Court districts of the state, consisting of three (3) members who are members of the bar of this state, shall be appointed by the Chief Justice of the Supreme Court to serve on a calendar year basis.
Miss. Code Ann. § 73-3-307 Powers of disciplinary agencies; contempt.
Each of the disciplinary agencies is hereby given such jurisdiction and lawful powers as are necessary to conduct a proper and speedy disposition of any complaint. The power to summons and examine witnesses under oath and to compel their attendance to take or cause to be taken the deposition of witnesses and to order the production of books, papers, records and other documentary evidence necessary or material to the investigation or complaint shall be coequal to the powers exercisable by the courts of record of this state. All summonses or subpoenas shall be issued by the clerk of the court, and it shall be the duty of any person so summoned to appear and testify as in the writ commanded and to produce the books, papers, records or other documentary evidence required. Summonses and subpoenas issued by the clerk of the court shall be delivered to the sheriff of the county where they are to be executed, and the sheriff shall serve such writs and notices, or cause them to be served, as he is required to do with respect to writs received by him from any other court of record.
Any defiance of any summons or subpoena so issued, or other extrajudicial conduct which shall inhibit, impede or disrupt any of the above disciplinary agencies in the performance of the duties and in the exercise of the powers herein given shall be treated as contempt of the court and punishable accordingly.
Miss. Code Ann. § 73-3-309 Committee on complaints; referral of complaints; formal requirement of complaints.
Complaints, irrespective of source, touching upon the professional conduct or conduct evincing unfitness for the practice of law made against attorneys who are members of the bar of this state or who may be temporarily practicing in this state under any rule of comity or courtesy, that may be received by or that may come to the attention of any judicial officer, the board of commissioners or any members of the Mississippi State Bar, shall be referred to the committee on complaints for preliminary investigation and such disposition or further action as may be appropriate. The complaint must be in writing and signed by the person making the complaint or charge and the complaint must be sworn to or supported by affidavit or the signature of the complaining party witnessed by two (2) persons twenty-one (21) years of age or older. Additionally, the complaint shall contain the street address of the complaining party and each witness.
Miss. Code Ann. § 73-3-310 Duty of chancery and circuit courts to file complaints.
The chancery and circuit courts shall have the duty to file a complaint under the terms and provisions as outlined in Section 73-3-309 against any attorney who is a resident of the court’s district and who demonstrates conduct evincing unfitness for the practice of law.
Miss. Code Ann. § 73-3-311 Committee on complaints; action to be taken upon receipt of complaint or charge.
When any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of law against any attorney subject to discipline hereunder is received by the committee on complaints, the committee shall, within ten (10) days thereof, take the following action:
Cause the complaint or charge to be filed and docketed with the Executive Director of the Mississippi Bar;
Screen the complaint or charge for merit or the lack thereof, if such determination can be made from the allegations of the complaint and any accompanying documents; and
Dismiss any frivolous or ill-grounded complaint or one obviously without merit; or
Refer the complaint to complaint counsel for further investigation, hearing and report.
Miss. Code Ann. § 73-3-313 Complaint counsel; investigations; notice and hearing to accused attorney.
The complaint counsel shall immediately investigate the complaint; and upon completion of his investigation, excluding the investigatory hearing, he shall inform the accused attorney that a complaint has been filed against him and that he is under investigation, advise the accused attorney of the general nature of the charges, furnish him a copy of the complaint and any evidence supporting it, afford the accused attorney a hearing, and advise the attorney of the time and place of such hearing. Communications and notices to the accused attorney shall be transmitted by registered or certified mail, return receipt requested, and marked “Deliver to Addressee Only.‘
Miss. Code Ann. § 73-3-315 Complaint counsel; rules governing investigatory hearings.
The following rules for investigatory hearings by complaint counsel are for the guidance of complaint counsel and shall be strictly followed:
The complainant is not a party to the proceeding and has no right to be present at any stage thereof.
The accused attorney has no right to be present at any stage of the investigatory hearing, either in person or by counsel, except complaint counsel shall afford him an opportunity to make a statement, either personally or by counsel, verbally or in writing, refuting or admitting the alleged misconduct and to offer any matter in mitigation or extenuation. The accused attorney may document his statement to include the admission of affidavits but shall not have the right to present other testimony or evidence and shall have no right to confrontation.
The investigatory hearing shall neither be public nor assume the character of an adversary proceeding, and a full evidentiary hearing on the merits is not contemplated.
Formal rules of evidence will not be applied.
Investigation by complaint counsel will not be stayed by settlement, compromise, admission of guilt or restitution.
Any attorney called as a witness shall be informed before he gives evidence as to whether he is under investigation and, if so, the nature of the charges against him.
Testimony will not be elicited or received which is not germane to the charges being investigated by complaint counsel.
Miss. Code Ann. § 73-3-317 Complaint counsel; investigatory hearings; report of testimony and findings; response by accused attorney.
Complaint counsel will cause the testimony of any witnesses at an investigatory hearing to be taken and transcribed and shall certify the same to the committee on complaints, along with his written findings, within thirty (30) days from and after the date on which the complaint was received by him, except that, for good cause shown, upon application to the chairman of said committee, complaint counsel may be granted a total of not more than thirty (30) additional days in which to make said certification. A copy of complaint counsel’s report shall be sent to the accused attorney by certified mail, and the accused attorney shall have ten (10) days after the receipt by him of complaint counsel’s report to file a written response thereto with the committee on complaints. Upon application to the chairman of the said committee, the accused attorney may be granted such additional time as circumstances warrant.
Miss. Code Ann. § 73-3-319 Committee on complaints; action to be taken upon receipt of complaint counsel’s report.
Within thirty (30) days of its receipt of complaint counsel’s report, the committee on complaints shall take the following action:
If upon review of the record, complaint counsel’s report and any written response by the accused attorney, the committee determines that there is not reasonable ground to believe that the accused attorney has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of law, the committee may either re-refer the matter to complaint counsel for further investigation or may dismiss the complaint and retire the file. In the latter event, the person filing the complaint, the accused attorney and the Executive Director of the Mississippi Bar shall be given written notice of the committee’s determination.
If upon review of the record, complaint counsel’s report and any written response by the accused attorney, the committee determines that there is reasonable ground to believe that the accused attorney has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of law, and is of the further opinion that a reprimand of the accused attorney is all that justice requires and will adequately afford the disciplinary sanctions required by the particular circumstances, the committee may administer a private reprimand, or it may, in its discretion, make public the fact of the reprimand by having the same delivered in open court by the chancery or circuit court of the county of the accused attorney. However, such action shall not be taken except upon proper notice and hearing, such notice and hearing to be upon the same formal requirements and assuring to the accused attorney the same rights and privileges as provided in Section 73-3-321 et seq. for hearings upon complaints which, if proven, would warrant suspension or disbarment. Further, any decision of the complaint tribunal to issue a reprimand shall be appealable in the same manner and to the same extent as provided in Section 73-3-329. The committee, in its discretion, may require the accused attorney to appear before it for delivery of the reprimand or may forward it to him by registered mail. In any event, written notice of the delivery of such reprimand shall be given to the person filing the complaint, the clerk of the court, the Executive Director of the Mississippi Bar, and to the judges of the circuit and chancery court districts of the accused attorney.
If the committee determines there is reasonable cause to believe the accused attorney is guilty of such conduct, which, if proven, would warrant suspension for a definite or an indefinite period or permanent disbarment, the committee shall direct complaint counsel in writing to prepare and file a formal complaint against the accused attorney. Complaint counsel shall prosecute the case to conclusion, unless the President of the Mississippi Bar, in his sole discretion, shall appoint one or more active members of the Mississippi Bar to either assist complaint counsel or to serve independently as trial attorney or attorneys in the prosecution of the proceeding to conclusion.
Miss. Code Ann. § 73-3-321 Filing and prosecution of formal complaints; requirements of complaint and other pleadings; service.
All formal complaints shall be filed in the court and shall be prosecuted in the name of the Mississippi Bar. The formal complaint and other pleadings shall comply with the following requirements: The formal complaint shall be filed with the clerk of the court within thirty (30) days of the receipt by complaint counsel of the written notice from the committee on complaints directing him to file said complaint. The complaint shall set forth with fair and reasonable certainty the particulars of the offense of which the accused attorney is charged. All matters of defense or abatement asserted by the accused attorney shall be filed within twenty (20) days after a copy of the complaint is served upon the accused attorney. Provided that upon application to the clerk the accused attorney may be granted such additional time as the circumstances warrant. The complaint shall be personally served upon the accused attorney by the Executive Director of the Mississippi Bar or by the complaint counsel unless the accused attorney shall waive the same by execution and delivery to the clerk of receipt and waiver of personal service. The procedure for suspending an attorney from the practice of law for being out of compliance with an order for support, as defined in Section 93-11-153, and the procedure for reinstating an attorney to practice law after suspension for being out of compliance, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case be, shall control.
Miss. Code Ann. § 73-3-323 Complaint tribunal; designation; per diem, mileage and necessary expenses.
Within five (5) days after the formal complaint is filed with the clerk of the court by complaint counsel, the chief justice shall designate a complaint tribunal to conduct a hearing on the formal complaint and to determine the matter; provided, however, the complaint tribunal so designated by the chief justice shall not be composed of members from the same supreme court district as that within which the accused attorney resides. The chief justice shall designate one (1) member of the complaint tribunal to be the presiding judge thereof. Any member of the complaint tribunal who is not an elected judge or chancellor shall be entitled to a per diem as authorized by Section 25-3-69 for each day’s service in attending hearings or necessary business of the tribunal and shall receive reimbursement for necessary expenses and mileage as is authorized by Section 25-3-41. Said per diem and expense reimbursement, subject to funds being appropriated therefor, shall be paid from any available funds appropriated to the Supreme Court.
Miss. Code Ann. § 73-3-325 Complaint tribunal; hearing; notice; rules.
Within forty-five (45) days after the designation by the chief justice of the complaint tribunal to hear and determine the formal complaint, the complaint tribunal shall conduct a hearing of the matter at such place and within such hours as determined by the tribunal; provided, however, such hearing shall be held and conducted within the county in which the accused attorney resides and provided further that for good cause shown the complaint tribunal may grant a reasonable continuance or continuances of said hearing. Written notice of the date, time and place of said hearing shall be mailed by the clerk of the court at the direction of the presiding judge of the complaint tribunal to the accused attorney by registered mail, return receipt requested, no less than ten (10) days prior to the commencement of said hearing.
All hearings by a complaint tribunal shall be a full evidentiary hearing, conducted on an adversary basis. The rules of evidence and procedure applicable to and followed by the chancery courts of Mississippi shall apply to such hearings. A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing by the complaint tribunal shall be closed, unless the accused attorney shall request a public hearing; and the complaint tribunal shall have the right and duty to impose such reasonable restrictions as it may deem necessary or appropriate to insure an orderly expeditious and impartial proceeding.
Miss. Code Ann. § 73-3-327 Complaint tribunal; written opinion; judgment.
At the conclusion of the hearing the complaint tribunal, upon the majority vote of the members of such tribunal, shall render a written opinion incorporating a finding of fact and a judgment thereon. The judgment of the complaint tribunal may provide the following: Exonerate the accused attorney and dismiss the complaint. Reprimand and admonish the attorney, as provided in Section 73-3-319(b) of this article. Suspend the attorney from the practice of law for any period of time. Permanently disbar the attorney. In cases in which the Clerk of the Supreme Court has received notice from the division that the attorney is out of compliance with an order for support, as defined in Section 93-11-153, the Supreme Court shall suspend the attorney from the practice of law until such time as the attorney may be reinstated to practice law because of the attorney’s compliance with the requirements of Section 93-11-157 or 93-11-163, as the case may be.
Miss. Code Ann. § 73-3-329 Complaint tribunal; appeal from judgment; record on appeal; scope of review; rules of practice.
The entire record of the proceeding of the complaint tribunal shall be filed with the clerk of the court within thirty (30) days after the conclusion of the hearing or within such additional time as the clerk, on motion therefor, may allow. If no appeal from the judgment of the complaint tribunal is perfected within thirty (30) days from the date of said judgment, the judgment of the complaint tribunal shall be final. Either the attorney or the Mississippi Bar shall have the right to an appeal to the court, which appeal shall be perfected within thirty (30) days of the date of the judgment of the complaint tribunal by the aggrieved party filing a notice of appeal with the clerk of the court. The record on appeal shall consist of the formal complaint, all other pleadings, the transcript of the testimony and the written opinion and judgment of the complaint tribunal. On appeal, the court may review all of the evidence and the law and the findings and conclusions of the complaint tribunal and it may make such findings and conclusions and render such order as it may find to be appropriate based upon the whole record. The rules of practice and procedure for the filing of briefs and oral arguments governing appeals from the chancery or circuit courts of Mississippi shall apply to and govern appeals from the judgment of the complaint tribunals; provided, however, whenever possible, the court shall advance and expedite the cause on its docket. Actions taken by the Supreme Court in suspending an attorney from the practice of law when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of the suspension of an attorney from the practice of law that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
Miss. Code Ann. § 73-3-331 Complaint tribunal; effect of judgment of suspension or disbarment; appeal as supersedeas.
Upon a final judgment of suspension or disbarment by a complaint tribunal, the convicted attorney shall not be privileged to practice law within this state unless and until he is restored the privilege of practice as hereinafter provided. Appeal from a judgment by the complaint tribunal shall operate as a supersedeas. An appeal from a judgment of the Supreme Court suspending an attorney from the practice of law when required by Section 93-11-157 or 93-11-163 may operate as a supersedeas only as may be allowed under Section 93-11-157 or 93-11-163, as the case may be.
Miss. Code Ann. § 73-3-333 Resignation by accused attorney during course of disciplinary proceedings; procedure; effect; section provides exclusive method.
At any stage of the disciplinary proceedings an accused attorney who is the subject of investigation may submit his resignation and agree to the entry by the court of a consent order of suspension or dismissal by submitting to the Board of Commissioners an affidavit stating that he desires to resign from the bar and to surrender his privilege to practice law, and that:
His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress; and he is fully aware of the implications of submitting his resignation.
He is aware that there is pending an investigation into allegations that he has been guilty of unprofessional conduct, the nature of which he shall specifically set forth.
He acknowledges that the material facts upon which the complaint is based are true.
He submits his resignation because he knows that if charges were predicated on the misconduct under investigation, he could not defend himself successfully against them.
Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon receipt of said affidavit, the investigation or disciplinary procedure shall terminate, and the Board of Commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the Board of Commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.
Once a complaint has been filed against an attorney, this shall be the exclusive method for resignation pending the investigation and determination of said complaint, and no other resignation procedure will be permitted or recognized by the bar.
Miss. Code Ann. § 73-3-335 Modification or termination of suspension.
Any time after the entry of a final judgment of suspension and after the expiration of at least one-fourth (1/4) of the period of the ordered suspension, the convicted attorney may file a petition in the court to modify or terminate said suspension; provided, however, any petition to modify or terminate subsequent to the initial petition shall not be filed within six (6) months from the date of the adverse determination of any prior petition. A filing fee of Two Hundred Fifty Dollars ($250.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition to modify or terminate. A copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. Modification or termination of suspension shall be granted only upon a showing of good cause and exceptional circumstances.
The procedure for reinstating an attorney to practice law after suspension for being out of compliance with an order of support, as defined in Section 93-11-153, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
Miss. Code Ann. § 73-3-337 Reinstatement.
Upon the termination of the period of suspension, the convicted attorney may be reinstated by the court, pursuant to a petition filed with the court and a copy thereof served upon the Mississippi Bar. A filing fee of Two Hundred Fifty Dollars ($250.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of such petition. The Mississippi Bar shall investigate the matter and report all relevant facts for the consideration of the court.
Any time after the expiration of three (3) years from and after the date of the final judgment of disbarment, the convicted attorney may petition the court for reinstatement. The petition shall be in writing and verified by the petitioner, and it shall set forth the full name, age, residence and mailing address of the petitioner, the offense or misconduct for which he was disbarred, a concise statement of the facts claimed to justify restoration and that he has made full amends and restitution to all persons, firms or legal entities, naming them, who may have suffered pecuniary loss by reason of the misconduct or offense for which he was disbarred. A copy of said petition shall be served on the Mississippi Bar, and a filing fee of Five Hundred Dollars ($500.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition. Any petition for reinstatement subsequent to the initial petition shall not be filed by the convicted attorney within one (1) year from the date of the adverse determination of any prior petition.
The court shall examine the petition and, if satisfied that it states sufficient grounds, shall set the same for hearing and shall cause the clerk of the court to serve each person named in the petition with a copy thereof by sending the same to them by registered mail. If the court deems it necessary or proper to so do, it may cause an investigation to be made by complaint counsel.
If the court is satisfied that all material allegations of the petition for reinstatement are true and that the ends of justice will be served, the court may reinstate the convicted attorney and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar and may hear any party named in the petition.
The procedure for reinstating an attorney to practice law after suspension for being out of compliance with an order of support, as defined in Section 93-11-153, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
Miss. Code Ann. § 73-3-339 Conviction or entry of plea of nolo contendere for certain offenses.
Whenever any attorney subject to the disciplinary jurisdiction of the court shall be convicted in any state court or in any federal court, or enter a plea of guilty or a plea of nolo contendere therein, of any felony other than manslaughter or any violation of the United States Internal Revenue Code, or of any offense involving fraud, dishonesty, misrepresentation, deceit, failure to account for money or property of a client, or of any offense involving moral turpitude, a certified copy of the judgment of conviction shall be presented to the court by the Board of Commissioners. Upon the presentation of such certified copy of judgment, the court shall forthwith strike the name of the attorney so convicted or who entered such a plea from the rolls of the Mississippi Bar and order his immediate suspension from practice, pending an appeal and final disposition of disciplinary proceedings. Such attorney will be reinstated immediately upon the reversal of his conviction for the offense that has resulted in his automatic suspension, but such reinstatement shall not terminate any disciplinary proceeding then pending against the attorney.
A certified copy of the final judgment of conviction of an attorney for any offense hereinabove specified shall be conclusive evidence of his guilt of that offense in any disciplinary proceeding instituted against him and based on said conviction.
Upon the conviction of an attorney, or the entry by him of a plea of nolo contendere, for the above offenses, excluding manslaughter or any violation of the United States Internal Revenue Code, the Board of Commissioners shall immediately direct complaint counsel to institute a disciplinary proceeding in which the sole issue to be determined will be the extent of the final discipline to be imposed; provided, however, a disciplinary proceeding so instituted shall not be brought to hearing until all appeals from such conviction have been concluded.
The judge of any court within this state in which an attorney has been convicted for any of the above enumerated offenses shall cause to be transmitted to the court and to the Board of Commissioners a certified copy of the judgment of conviction.
Miss. Code Ann. § 73-3-341 Disbarment or suspension in another jurisdiction.
Whenever any attorney subject to the disciplinary jurisdiction of the court shall be disbarred or suspended from the practice of law in another jurisdiction, such disbarment or suspension shall be grounds for disciplinary action in this state, and certification of such disbarment or suspension by the appropriate authority of such jurisdiction to the Executive Director of the Mississippi Bar shall be conclusive evidence of his guilt of the offense or unprofessional conduct on which said disbarment or suspension was ordered, and it shall not be necessary to prove the grounds of such offense in the disciplinary proceeding in this state. The sole issue to be determined in the disciplinary proceeding in this state shall be the extent of the final discipline to be imposed on said attorney, which may be less or more severe than the discipline imposed by the other jurisdiction.
Miss. Code Ann. § 73-3-343 Confidentiality of matters under investigation and proceedings; penalties.
All disciplinary agencies of the court, all court reporters, clerks, witnesses and parties are strictly enjoined to keep and maintain confidential all things concerning the matters under investigation and the proceedings thereon; provided, however, all proceedings before any complaint tribunal and in the court may be public if requested by the accused attorney. The complaint tribunal may, however, file with the supreme court an opinion or summary of the findings of fact and conclusions of law without disclosing the identity or residence of the accused, the complaining party or parties, witnesses, or any person, firm or corporation involved. Violation of this section or any part hereof shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than thirty (30) days or by both.
Miss. Code Ann. § 73-3-345 Immunity from civil suit predicated on disciplinary proceedings.
All complaints filed pursuant hereto shall be absolutely privileged, and no lawsuit predicated thereon may be instituted, and each person, firm, association or legal entity filing such a complaint shall be immune from any civil suit predicated thereon. The board of commissioners, the committee on complaints, the executive director, the complaint counsel, the complaint tribunals, and their assistants, staff and employees shall be immune from civil suit for any conduct arising out of the performance of their official duties. Every person shall be immune from civil suit for all of his sworn or written statements made or given in the course of any investigation, investigatory hearing, formal hearing or review proceedings held and conducted under these disciplinary rules.
Miss. Code Ann. § 73-3-347 Personal incapacity; meaning of term “personally incapable” to practice law.
For the purposes of Sections 73-3-347 through 73-3-365, the term “personally incapable‘ to practice law shall include: (a) suffering from mental or physical illness of such character as to render the person afflicted incapable of managing himself, his affairs or the affairs of others with the integrity and competence requisite for the proper practice of law; or (b) habitual use of alcoholic beverages or liquids of any alcoholic content, hallucinogens, sedatives, drugs, narcotics or other mentally or physically disabling substances of any character whatsoever to any extent which impairs or tends to impair the ability to conduct efficiently and properly the affairs undertaken for a client in the practice of law.
Miss. Code Ann. § 73-3-349 Personal incapacity; suspension.
Whenever it has been determined that any attorney subject to the disciplinary jurisdiction of the court is personally incapable to practice law, he shall be suspended from the practice of law until reinstated by order of the court.
Miss. Code Ann. § 73-3-351 Personal incapacity; proceedings; circumstances showing existence of condition.
Proceedings to determine whether an attorney is personally incapable to practice law shall be instituted and conducted in the same manner and upon the same procedure as disciplinary proceedings, except as otherwise set out in Sections 73-3-347 through 73-3-365. In addition to, and without exclusion of, any other circumstances, cause to believe that an attorney may be personally incapable to practice law shall exist whenever information is received that such member (a) has interposed successfully a defense of mental incompetence to secure abatement of, or to defeat an adverse determination in, a disciplinary proceeding brought against him in any tribunal in any jurisdiction, (b) has defended, upon like grounds, a suit brought against him in any tribunal in any jurisdiction, (c) has been judicially declared incompetent, or (d) has been legally committed to an institution for the treatment of mental illness.
Miss. Code Ann. § 73-3-353 Personal incapacity; representation by counsel; guardian.
In proceedings under Sections 73-3-347 through 73-3-365, the attorney shall be entitled to representation by counsel. An attorney who has been declared mentally incompetent, judicially, or who has been committed, judicially, to an institution for the treatment of the mentally ill shall be defended by his legally appointed guardian or guardian ad litem, if any; if a guardian or guardian ad litem has not been appointed, the chief justice, on certification by the board of commissioners, shall appoint a guardian ad litem. The same procedure shall apply to an attorney who has asserted his incompetence, or whose incompetence to defend becomes apparent during the proceedings. In all cases, counsel previously selected by the attorney will be appointed guardian ad litem, absent clear and compelling reasons to the contrary.
Miss. Code Ann. § 73-3-355 Personal incapacity; service on attorney who has been committed or declared incompetent.
Service of process or notice to an attorney who has been committed or declared incompetent shall be accomplished in the same manner as that for process of incompetents in proceedings in the chancery courts of Mississippi. After the appointment of a guardian ad litem, notices shall be served upon said guardian ad litem.
Miss. Code Ann. § 73-3-357 Personal incapacity; sufficiency, as evidence, of court order of incompetence or commitment.
A certified copy of the court order declaring an attorney mentally incompetent, or an order of commitment if he has been committed to an institution for the mentally incompetent, shall constitute sufficient evidence that said attorney is personally incapable to practice law, if such is not successfully rebutted.
Miss. Code Ann. § 73-3-359 Personal incapacity; mental examination and reports.
In any proceeding where mental incompetency is an issue, the attorney may be required to submit to a mental examination by one or more practicing psychiatrists selected by the board of commissioners or by the complaint tribunal after its designation. Reports of physicians regarding the mental condition of an attorney may be received as probative evidence, if the physicians are available for cross-examination.
Miss. Code Ann. § 73-3-361 Personal incapacity; judgment of suspension by complaint tribunal.
If, after a full hearing, the complaint tribunal finds the attorney personally incapable to practice law, the complaint tribunal shall enter a judgment formally suspending said attorney from the practice of law until the further order of the court.
Miss. Code Ann. § 73-3-363 Personal incapacity; appeal procedures.
Procedures for the filing of the record and appeal from the judgment of the complaint tribunal shall be the same as the appeal procedures from a judgment of suspension or disbarment upon disciplinary grounds.
Miss. Code Ann. § 73-3-365 Personal incapacity; reinstatement procedures.
Procedures for reinstatement of an attorney suspended because of personal incapacity to practice law shall be, insofar as is applicable, the same as the procedure for reinstatement of an attorney following suspension upon disciplinary grounds. The petition for reinstatement shall be filed with the clerk of the court, and a copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. The petitioner shall be required to supply such supporting proof of personal capacity as may be necessary and, in addition, the attorney may be required to submit to examinations by physicians or psychiatrists selected by the court. If the court is satisfied that the attorney has regained his capacity to practice law, the court may reinstate the petitioner to the practice of law and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar. A filing fee of One Hundred Fifty Dollars ($150.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition for reinstatement, and any petition for reinstatement subsequent to the initial petition shall not be filed within six (6) months from the date of an adverse determination of any prior petition.
Miss. Code Ann. § 73-3-367 Disciplinary agencies; authority to incur expenses.
All disciplinary agencies of the court are hereby authorized to incur reasonable and necessary expenses in connection with the investigation and disposition of charges and complaints.
Miss. Code Ann. § 73-3-369 Jurisdiction over nonresident attorneys; notice; service.
The acceptance by a nonresident attorney of the rights and privileges of the practice of law within this state, as evidenced by his practice of law in this state, shall be deemed equivalent to an appointment by such nonresident attorney of the Executive Director of the Mississippi Bar to be his true and lawful attorney, upon whom may be served all process summons or notice of any and all proceedings against him instituted pursuant to and conducted under these rules of disciplinary procedure; and the acceptance of such rights and privileges and the practice of law by any such nonresident attorney in this state shall be a signification of his agreement that any such process, summons or notice against him which is so served shall be of the same legal force and validity as if served on him personally.
Notice of the service of such process, summons or notice, together with a copy of any complaint or charge, shall be mailed forthwith by the executive director by United States certified mail or registered mail, return receipt requested, restricted for delivery to addressee only, and with postage prepaid, to such nonresident attorney at his last known address.
When such process, summons or notice is served as herein provided it shall be deemed sufficient to give the court, and its disciplinary agencies provided for herein jurisdiction over said nonresident attorney for the purpose of investigating and finally determining any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of law or the personal incapacity to practice law of any such nonresident attorney.
Miss. Code Ann. § 73-3-371 Plea of nolo contendere; consent order of suspension or disbarment.
At any stage of the disciplinary proceedings, the board of commissioners may, in the exercise of its sole discretion, accept a plea of nolo contendere from the accused attorney and agree to the entry by the court of a consent order of suspension or disbarment of the accused attorney.
Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon the acceptance of a plea of nolo contendere the investigation or disciplinary procedure shall terminate, and the board of commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the board of commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.
For the purpose of determining the discipline to be imposed on the accused attorney, the board of commissioners shall consider a plea of nolo contendere as tantamount to proof of guilt of the offense or unprofessional conduct or personal disability to practice law on which said disciplinary proceeding was grounded.
Miss. Code Ann. § 73-3-373 Recognition of inherent power of judicial branch of government.
This article shall not be construed to modify or restrict the inherent right of the courts of record of the State of Mississippi to supervise the bar as an incident to their power to admit attorneys to practice and to the fulfillment of their responsibility for the proper administration of justice, it being here declared that it is an inherent power of the judicial branch of government ultimately to determine the qualifications of those to be admitted to practice in its court, for assisting in its work, and to protect itself and the citizenry of this state in this respect from the unfit, those lacking in sufficient learning and those not possessing good moral character. Any disciplinary proceeding in which the Mississippi Bar is a complaining party shall be conducted in accordance with the remaining sections of this article.
Miss. Code Ann. § 73-3-401 Repealed.
Repealed by Laws of 2006, ch. 471, § 16 effective from and after July 1, 2006.
[Laws, 1979, ch. 301, §§ 32, 33; ch. 357, § 6; Laws, 1983, ch 302, § 62; ch. 457, § 17; Laws, 1991, ch. 560, § 16; Laws, 1999, ch. 372, § 1; Laws, 2000, ch. 548, § 1; Laws, 2003, ch. 524, § 16, eff from and after July 1, 2003.]
Miss. Code Ann. § 73-3-403 Repealed.
Repealed by Laws, 2014, ch. 311, § 1, eff from and after July 1, 2014.
§ 73-3-403 . [Laws, 1991, ch. 526, § 65; Laws, 1992, ch. 515, § 65; Laws, 1995, ch. 556, § 1; Laws, 2000, ch. 568, § 1; Laws, 2002, ch. 599, § 1; Laws, 2007, ch. 340, § 1, eff from and after July 1, 2007.] Editor’s Notes — Former § 73-3-403 provided for the repeal of the Mississippi Bar and procedures related to the regulation of fees and disciplinary jurisdiction of attorneys, codified as Sections 73-3-101 through 73-3-145 , 73-3-171 , and 73-3-301 through 73-3-373 .
Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.73.htmlFetched: 6/9/2026