Attorney Advertising Rules for the State of Mississippi

In Mississippi, attorney advertising is governed by the Mississippi Rules of Professional Conduct (MRPC), specifically Rules 7.1 through 7.7. These rules are designed to ensure that communications about legal services are truthful, not misleading, and uphold the integrity of the legal profession.

Rule 7.1: Communications Concerning a Lawyer’s Services

This rule prohibits lawyers from making false, misleading, deceptive, or unfair communications about their services. A communication violates this rule if it:

• Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement as a whole not materially misleading.

• Creates an unjustified, false, or misleading expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate these rules or other law.

• States or implies that the lawyer is able to influence improperly or upon irrelevant grounds any tribunal, legislative body, or public official.

• Compares the lawyer’s services with other lawyers’ services unless the comparison can be factually substantiated.

For example, suggesting guaranteed outcomes or creating unjustified expectations would violate this rule.

Rule 7.2: Advertising

Lawyers are permitted to advertise their services through various media, provided they adhere to certain conditions:

• Retention of Advertising Records: A copy or recording of an advertisement or communication must be submitted to the Office of General Counsel of the Mississippi Bar (OGCMB) in accordance with Rule 7.5 and retained by the lawyer for three years after its last dissemination, along with a record of when and where it was used.

  Casetext

• Payment for Recommendations: Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except for paying the reasonable costs of advertisements or communications permitted by this rule and paying the usual charges of a lawyer referral service or other legal service organization.

  Casetext

• Required Disclosures: All advertisements must disclose the geographic location by city and state of one or more offices of the lawyer or lawyers whose services are advertised or state that additional information about the lawyer or firm can be obtained by contacting the Mississippi Bar at a designated number. Additionally, advertisements must include the name of at least one lawyer or the lawyer referral service responsible for their content.

  Casetext

Rule 7.3: Direct Contact with Prospective Clients

This rule addresses direct solicitation of clients:

• Prohibited Solicitations: Lawyers must not solicit professional employment from a prospective client by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.

• Permitted Communications: Solicitation through written, recorded, or electronic communication is permitted under certain conditions, provided it complies with Rule 7.1 and is not coercive or harassing.

Rule 7.4: Legal Service Information

Lawyers may communicate information regarding their services, including:

• Foreign language ability.

• Prepaid or group legal service plans in which the lawyer participates.

• Acceptance of credit cards.

• Fee for initial consultation and fee schedule, subject to the requirements of Rule 7.2(b).

However, such communications must not be false or misleading, as governed by Rule 7.1.

Rule 7.5: Evaluation of Advertisements

This rule outlines the procedures for the submission and evaluation of advertisements:

• Mandatory Submission: Certain advertisements must be submitted to the OGCMB prior to dissemination. The submission should include a copy of the advertisement, a transcript if it is on videotape or audiotape, a statement of when and where the advertisement has been or will be used, and the appropriate fee.

  Mississippi State Bar

• Optional Advisory Opinion: Lawyers may request an advisory opinion concerning the compliance of a contemplated advertisement with the rules by submitting the advertisement and the appropriate fee to the OGCMB at least 45 days prior to dissemination.

  Mississippi State Bar

Rule 7.6: Communication of Certification or Designation

A lawyer shall not state or imply that they are certified as a specialist in a particular field of law, unless:

• The lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association.

• The name of the certifying organization is clearly identified in the communication.

Rule 7.7: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.

• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

Attorneys practicing in Mississippi should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Mississippi Bar, which provides access to the full text of the Mississippi Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.