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Ethics and Professional Responsibility for Mississippi Lawyers and Judges

An indispensable reference on issues related to lawyer and judicial ethics in Mississippi.
Publisher: LexisNexis
Print Book :1 Volume, Softbound
$197.00
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ISBN: 9781522105428
Publisher: LexisNexis
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All practitioners must concern themselves with ethical considerations regardless of their practice area. Ethical concerns arise from the time a lawyer accepts a client until that representation is terminated. Judges have to consider ethical issues when they decide to run for office and when they are evaluating how to act in a particular case (e.g., recusal) and what is appropriate extrajudicial conduct.

Authored by two well respected experts in the field of Mississippi ethics -- Donald Campbell and the late Jeffrey Jackson – Ethics and Professional Responsibility for Mississippi Lawyers and Judges addresses the ethical obligations of Mississippi lawyers and judges set out in the Mississippi Rules of Professional Conduct and the Mississippi Code of Judicial Conduct. The book includes chapters on topics such as conflict of interests, judicial recusal, lawyer advertising, and fees and trust accounts. The book draws on Mississippi caselaw, ethics opinions issued by the Mississippi Bar, the Restatement of Law Governing Lawyers, and ABA ethics opinions to provide in-depth analysis of the issues covered.

In addition to an analysis of ethical obligations, the book discusses the standards and defenses of a legal malpractice case in Mississippi. Mississippi practitioners and judges will find this book indispensable as they navigate their ethical obligations in every aspect of their practice or service.

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Table of Contents

PART I: SYSTEMIC ISSUES

Chapter 1:   Authority and Jurisdiction

Chapter 2:   Pervasive Issues: Knowledge and Belief That Trigger or Protect Professional Action; Writing Requirements; Relationship Between Rules of Conduct and Substantive Law

Chapter 3:   Admission to Practice

Chapter 4:   Admission Pro Hac Vice

Chapter 5:   Unauthorized Practice

Chapter 6:   Systemic Obligations; Public Service; Appointments



PART II: BASIC OBLIGATIONS

Chapter 7:  Accepting, Declining, and Withdrawing from Representation

Chapter 8:   Division of Decisional Autonomy Between Client and Lawyer; Lawyer as Fiduciary

Chapter 9:   Competence; Diligence; Communication

Chapter 10:   Preserving Client Confidences



PART III:   LOYALTY AND CONFLICTS OF INTEREST

Chapter 11:   Conflicts of Interest; General Rule

Chapter 12:   Prohibited Transactions; Business with Clients

Chapter 13:   Former Client Conflicts

Chapter 14:   Imputed Conflicts of Interest

Chapter 15:   Waivers of Conflicts of Interest; Consent After Consultation; Screening

Chapter 16:   The Attorney as Public Servant; Ethics for Government Lawyers



PART IV:   COUNSELING; SPECIAL CLIENTS; DEALING WITH THIRD PARTIES

Chapter 17:   Lawyer as Advisor, Intermediary, and Evaluator

Chapter 18:   Representing Entities

Chapter 19:   Representing Clients Under Disability

Chapter 20:   Dealing with Unrepresented Persons and Third Parties; Inadvertently Disclosed Material

Chapter 21:   Dealing with Represented Persons



PART V: MONEY; CLIENT PROPERTY

Chapter 22:   Fees

Chapter 23:   Handling Client and Third-Party Property; IOLTA



PART VI:   PROFESSIONAL RESPONSIBILITY IN LITIGATION; PROSECUTORS

Chapter 24:   Asserting Claims and Defenses; Expedition

Chapter 25:   Fairness to Opponents in Litigation

Chapter 26:   Candor Toward the Tribunal

Chapter 27:   Conduct Before Tribunals; Advocate-Witness Rule; Obligations In Non-Adjudicative Proceedings

Chapter 28:   Professional Responsibilities of Prosecutors

Chapter 29:   Trial Publicity



PART VII: DISSEMINATION OF INFORMATION ABOUT PRACTICE; MARKETING

Chapter 30:   Basic Rules on Advertising; Rule on Print and Recorded Media

Chapter 31:   In-Person Solicitation; Written or Recorded Solicitation



PART VIII: OBLIGATIONS OF FIRMS; ORGANIZATION

Chapter 32:   Law Firms: Responsibility of Supervisors and Subordinates; Professional Independence; Prohibition on Restrictions on Lawyer Practice

Chapter 33:   Prohibited Professional Arrangements; Restrictive Covenants

Chapter 34:   Sale of Law Practice



PART IX: MISCONDUCT AND DISCIPLINE; MALPRACTICE

Chapter 35:   Professional Misconduct; Duty To Report Misconduct

Chapter 36:   Disciplinary Process

Chapter 37:   Discipline Based on "Other Proceedings"; Reciprocal Discipline; Disability Inactive Status

Chapter 38:   Standards for Discipline

Chapter 39:   Standards for Reinstatement

Chapter 40:   Legal Malpractice



PART X: JUDICIAL ETHICS

Chapter 41   Background and Authority of the Code of Judicial Conduct

Chapter 42   Duty To Maintain the Integrity and Independence of the Judiciary

Chapter 43   Judge's Adjudicative Responsibilities

Chapter 44   Ex Parte Communications

Chapter 45   Judge's Administrative and Disciplinary Responsibilities

Chapter 46   Judicial Disqualification and Recusal

Chapter 47   Extrajudicial Activities of a Judge

Chapter 48   Regulation of Political and Campaign Activities of Judges and Judicial Candidates

Chapter 49   Ethical Obligations of Former Judges, Adjudicators, Mediators and Adjuncts

Chapter 50   The Commission on Judicial Performance



APPENDIX A: MISSISSIPPI RULES OF PROFESSIONAL CONDUCT

APPENDIX B: MISSISSIPPI CODE OF JUDICIAL CONDUCT