In Re: Rules of Professional Conduct


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Docket Number: 89-R-99018-SCT
Linked Case(s): 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT ; 89-R-99018-SCT

Supreme Court: Opinion Link
Opinion Date: 11-03-2005
Opinion Author: Waller, P.J.
Holding: Petition to Amend Certain Provisions of and Comments to the Mississippi Rules of Professional Conduct filed by The Mississippi Bar is granted to the extent set forth in this order, and the Mississippi Rules of Professional Conduct and the Comments thereto are amended as set forth in Exhibits "A" through "H" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court.

Additional Case Information: Non Participating Judge(s): Diaz, J.
Dissenting Author : Easley and Graves, JJ, would deny.


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Summary of the Facts: The Mississippi Bar filed a Petition to Amend Certain Provisions of and Comments to the Mississippi Rules of Professional Conduct proposing to revise various sections of the Rules of Professional Conduct to adopt recommendations of the American Bar Association incorporated in the ABA Model Rules of Professional Responsibility. In addition, the petition suggests revision of Rule 1.15 relating to the safekeeping of property, specifically as it addresses disbursements from common client trust funds. The petition, following the ABA model, also recommends deleting Rule 2.2. The Court considered this, but adopted another approach, as recommended by the comments received, and revised Rule 2.2 so as to address the extent and manner in which lawyers may serve as intermediaries between their clients. The Petition to Amend Certain Provisions of and Comments to the Mississippi Rules of Professional Conduct is granted to the extent set forth in this order.



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