reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 3 - BAR ASSOCIATION (§§ 73-3-101 — 73-3-171) › Section 73-3-147 - through 73-3-169 - [Repealed]

Repealed by Laws of 1974, ch. 566, § 29, eff. 7/1/1974.
§ 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]
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 3 - BAR ASSOCIATION (§§ 73-3-101 — 73-3-171) › Section 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.
Codes, 1942, § 8719; Laws, 1932, ch. 121; reenacted, Laws, 1991, ch. 526, § 26; reenacted, Laws, 1992, ch. 515, § 26, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 5 - LAW STUDENTS (§§ 73-3-201 — 73-3-211) › Section 73-3-201 - Short title

This article shall be known as "The Law Student Limited Practice Act."
Codes, 1942, § 8684-01; Laws, 1971, ch. 466, § 1; Laws, 1996, ch. 532, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 5 - LAW STUDENTS (§§ 73-3-201 — 73-3-211) › Section 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.
Codes, 1942, § 8684-02; Laws, 1971, ch. 466, § 2; Laws, 1996, ch. 532, § 2, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 5 - LAW STUDENTS (§§ 73-3-201 — 73-3-211) › Section 73-3-205 - Definitions; qualifications

For purposes of this article, the following words and terms shall have the following meanings:
(a)
"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.
(b)
"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.
(c)
"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.
(d)
"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.
(e)
"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.
Codes, 1942, § 8684-03; Laws, 1971, ch. 466, § 3; Laws, 1996, ch. 532, § 3, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 5 - LAW STUDENTS (§§ 73-3-201 — 73-3-211) › Section 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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
Law students shall receive no compensation for their services but may be reimbursed actual expenses if funds are available for that purpose.
Codes, 1942, § 8684-04; Laws, 1971, ch. 466, § 4; Laws, 1972, ch. 415, § 1; Laws, 1974, ch. 327; Laws, 1996, ch. 532, § 4; Laws, 2011, ch. 345, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 5 - LAW STUDENTS (§§ 73-3-201 — 73-3-211) › Section 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.
Codes, 1942, § 8684-05; Laws, 1971, ch. 466, § 5; Laws, 1996, ch. 532, § 5; Laws, 2011, ch. 345, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 5 - LAW STUDENTS (§§ 73-3-201 — 73-3-211) › Section 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.
Codes, 1942, § 8684-06; Laws, 1971, ch. 466, § 6; Laws, 1996, ch. 532, § 6; Laws, 2011, ch. 345, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 1; reenacted, Laws, 1983, ch. 302, § 24; reenacted, Laws, 1991, ch. 526, § 27; reenacted, Laws, 1992, ch. 515, § 27, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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:
(a)
The Board of Commissioners of the Mississippi Bar, including the Executive Director of the Mississippi Bar and complaint counsel.
(b)
The committee on complaints of the Mississippi Bar.
(c)
The complaint tribunals appointed by the Supreme Court of Mississippi.
Laws, 1974, ch. 566, § 2; reenacted, Laws, 1983, ch. 302, § 25; Laws, 1991, ch. 526, § 28; reenacted, Laws, 1992, ch. 515, § 28, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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:
(a)
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.
(b)
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.
(c)
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.
Laws, 1974, ch. 566, § 3; reenacted, Laws, 1983, ch. 302, § 26; Laws, 1991, ch. 526, § 29; reenacted, Laws, 1992, ch. 515, § 29, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 4; reenacted, Laws, 1983, ch. 302, § 27; reenacted, Laws, 1991, ch. 526, § 30; reenacted, Laws, 1992, ch. 515, § 30, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 5; reenacted, Laws, 1983, ch. 302, § 28; reenacted, Laws, 1991, ch. 526, § 31; reenacted, Laws, 1992, ch. 515, § 31, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1979, ch. 486, § 9; reenacted, Laws, 1983, ch. 302, § 29; reenacted, Laws, 1991, ch. 526, § 32; reenacted, Laws, 1992, ch. 515, § 32, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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:
(a)
Cause the complaint or charge to be filed and docketed with the Executive Director of the Mississippi Bar;
(b)
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
(c)
Dismiss any frivolous or ill-grounded complaint or one obviously without merit; or
(d)
Refer the complaint to complaint counsel for further investigation, hearing and report.
Laws, 1974, ch. 566, § 6; reenacted, Laws, 1983, ch. 302, § 30; Laws, 1991, ch. 526, § 33; reenacted, Laws, 1992, ch. 515, § 33, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.'
Laws, 1974, ch. 566, § 7; reenacted, Laws, 1983, ch. 302, § 31; reenacted, Laws, 1991, ch. 526, § 34; reenacted, Laws, 1992, ch. 515, § 34, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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:
(a)
The complainant is not a party to the proceeding and has no right to be present at any stage thereof.
(b)
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.
(c)
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.
(d)
Formal rules of evidence will not be applied.
(e)
Investigation by complaint counsel will not be stayed by settlement, compromise, admission of guilt or restitution.
(f)
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.
(g)
Testimony will not be elicited or received which is not germane to the charges being investigated by complaint counsel.
Laws, 1974, ch. 566, § 7; reenacted, Laws, 1983, ch. 302, § 32; reenacted, Laws, 1991, ch. 526, § 35; reenacted, Laws, 1992, ch. 515, § 35, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 8; reenacted, Laws, 1983, ch. 302, § 33; reenacted, Laws, 1991, ch. 526, § 36; reenacted, Laws, 1992, ch. 515, § 36, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-321 - Filing and prosecution of formal complaints; requirements of complaint and other pleadings; service

(1)
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:
(a)
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.
(b)
The complaint shall set forth with fair and reasonable certainty the particulars of the offense of which the accused attorney is charged.
(c)
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.
(d)
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.
(2)
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.
Laws, 1974, ch. 566, § 10; reenacted, Laws, 1983, ch. 302, § 35; Laws, 1991, ch. 526, § 38; reenacted, Laws, 1992, ch. 515, § 38; Laws, 1996, ch. 507, § 23, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 11; reenacted, Laws, 1983, ch. 302, § 36; reenacted, Laws, 1991, ch. 526, § 39; reenacted, Laws, 1992, ch. 515, § 39; Laws, 1993, ch. 444, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 12; reenacted, Laws, 1983, ch. 302, § 37; reenacted, Laws, 1991, ch. 526, § 40; reenacted, Laws, 1992, ch. 515, § 40, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-327 - Complaint tribunal; written opinion; judgment

(1)
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:
(a)
Exonerate the accused attorney and dismiss the complaint.
(b)
Reprimand and admonish the attorney, as provided in Section
73-3-319(b)
of this article.
(c)
Suspend the attorney from the practice of law for any period of time.
(d)
Permanently disbar the attorney.
(2)
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.
Laws, 1974, ch. 566, § 13; reenacted, Laws, 1983, ch. 302, § 38; reenacted, Laws, 1991, ch. 526, § 41; reenacted, Laws, 1992, ch. 515, § 41; Laws, 1996, ch. 507, § 24, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-329 - Complaint tribunal; appeal from judgment; record on appeal; scope of review; rules of practice

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
Laws, 1974, ch. 566, § 14; reenacted, Laws, 1983, ch. 302, § 39; Laws, 1991, ch. 526, § 42; reenacted, Laws, 1992, ch. 515, § 42; Laws, 1996, ch. 507, § 25, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 15; reenacted, Laws, 1983, ch. 302, § 40; reenacted, Laws, 1991, ch. 526, § 43; reenacted, Laws, 1992, ch. 515, § 43; Laws, 1996, ch. 507, § 26, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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:
(a)
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.
(b)
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.
(c)
He acknowledges that the material facts upon which the complaint is based are true.
(d)
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.
Laws, 1974, ch. 566, § 16; reenacted, Laws, 1983, ch. 302, § 41; Laws, 1991, ch. 526, § 44; reenacted, Laws, 1992, ch. 515, § 44, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 17; reenacted, Laws, 1983, ch. 302, § 42; Laws, 1991, ch. 526, § 45; reenacted, Laws, 1992, ch. 515, § 45; Laws, 1996, ch. 507, § 27, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 19; reenacted, Laws, 1983, ch. 302, § 44; Laws, 1991, ch. 526, § 47; reenacted, Laws, 1992, ch. 515, § 47, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 20; reenacted, Laws, 1983, ch. 302, § 45; Laws, 1991, ch. 526, § 48; reenacted, Laws, 1992, ch. 515, § 48, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 21; reenacted, Laws, 1983, ch. 302, § 46; reenacted, Laws, 1991, ch. 526, § 49; reenacted, Laws, 1992, ch. 515, § 49, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 22; reenacted, Laws, 1983, ch. 302, § 47; reenacted, Laws, 1991, ch. 526, § 50; reenacted, Laws, 1992, ch. 515, § 50, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 23(1); reenacted, Laws, 1983, ch. 302, § 48; reenacted, Laws, 1991, ch. 526, § 51; reenacted, Laws, 1992, ch. 515, § 51, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 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.
Laws, 1974, ch. 566, § 23(2); reenacted, Laws, 1983, ch. 302, § 49; reenacted, Laws, 1991, ch. 526, § 52; Laws, reenacted, 1992, ch. 515, § 52, eff. 7/1/1992.