Mississippi Rules of Professional Conduct v. Rules
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IN THE SUPREME COURT OF MISSISSIPPI
No. 89-R-99018-SCT
IN RE: RULES OF PROFESSIONAL CONDUCT
ORDER
This matter is before the Court, en banc, on its own motion. The Mississippi Bar has called to the attention
of the Court editorial errors which occurred in the adoption of amendments to Mississippi Rules of
Professional Conduct, Rule 7.1(b) and to the Comment to Rule 7.2 by the Order entered February 8,
1999. Having considered these matters, the Court finds that the fair and efficient administration of justice
will be promoted by the amendment of Rule 7.1(b) and the Comment to Rule 7.2 as set out herein below.
IT IS THEREFORE ORDERED that Rule7.1 to the Mississippi Rules of Professional Conduct be and the
same is hereby amended to read as follows:
RULE 7.1 COMMUNICATIONS CONCERNING
A LAWYER'S SERVICES
A lawyer shall not make or permit to be made a false, misleading, deceptive or unfair communication
about the lawyer or lawyer's services. A communication violates this rule if it:
(a) Contains a material misrepresentation of fact or law or omits a fact necessary to make the
statement considered as a whole not materially misleading, or
(b) Compares the lawyer's services with other lawyers' services unless the comparison can be
factually substantiated.
IT IS FURTHER ORDERED that the Comment to Rule 7.2 be and the same is hereby amended by
substituting in the place of that portion of the Comment entitled "Paying Others to Recommend a Lawyer"
the following language, with the correction shown by deleniation and underscoring:
Paying Others to Recommend a Lawyer
A lawyer is allowed to pay for advertising permitted by this Rule, but otherwise is not permitted to
pay or provide other tangible benefits to another person for procuring professional work. However, a
legal aid agency or prepaid legal services plan may pay to advertise legal services provided under its
auspices. Likewise, a lawyer may participate in lawyer referral programs and pay the usual fees
charged by such programs. Paragraph (h) (g) does not prohibit paying regular compensation to an
assistant, such as secretary or advising consultant, to prepare communications permitted by this Rule.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order on the minutes of the
Court and shall forward a true certified copy hereof to West Publishing Company for publication in the
Southern Reporter (Mississippi Edition) and The Mississippi Rules of Court.
ORDERED, this the _______ of May, 1999.
____________________________________
EDWIN LLOYD PITTMAN, PRESIDING
JUSTICE, FOR THE COURT
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