MS · rules

Miss. R. Prof. Conduct 1.8

CONFLICT OF INTEREST: PROHIBITED TRANSACTIONS

activein force · 1999-10-21 – presentact-effective-date

(a) A lawyer shall not enter into a business transaction with a client or knowingly

acquire an ownership, possessory, security or pecuniary interest adverse to a client unless:

(1) the transaction and terms on which the lawyer acquires the interests are fair

and reasonable to the client and are fully disclosed and transmitted in writing to the

client in a manner which can be reasonably understood by the client;

(2) the client is given a reasonable opportunity to seek the advice of

independent counsel in the transaction; and

(3) the client consents in writing thereto.

(b) A lawyer shall not use information relating to representation of a client

(1) to the disadvantage of the client, or

(2) to the advantage of himself or a third person, unless the client consents

after consultation.

the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a

testamentary gift, except where the client is related to the donee.

(d) Prior to the conclusion or representation of a client, a lawyer shall not make or

negotiate an agreement giving the lawyer literary or media rights to a portrayal or account

based in substantial part on information relating to the representation.

(e) A lawyer shall not provide financial assistance to a client in connection with

pending or contemplated litigation, or administrative proceedings, except that:

1. A lawyer may advance court costs and expenses of litigation, including

but not limited to reasonable medical expenses necessary to the

preparation of the litigation for hearing or trial, the repayment of which

may be contingent on the outcome of the matter; and

2. A lawyer representing a client may, in addition to the above, advance

the following costs and expenses on behalf of the client, which shall be

repaid upon successful conclusion of the matter.

a. Reasonable and necessary medical expenses associated with

treatment for the injury giving rise to the litigation or

administrative proceeding for which the client seeks legal

representation; and

b. Reasonable and necessary living expenses incurred.

The expenses enumerated in paragraph 2 above can only be advanced to a client under

dire and necessitous circumstances, and shall be limited to minimal living expenses of minor

sums such as those necessary to prevent foreclosure or repossession or for necessary medical

treatment. There can be no payment of expenses under paragraph 2 until the expiration of

60 days after the client has signed a contract of employment with counsel. Such payments

under paragraph 2 cannot include a promise of future payments, and counsel cannot promise

any such payments in any type of communication to the public, and such funds may only be

advanced after due diligence and inquiry into the circumstances of the client.

Payments under paragraph 2 shall be limited to $1,500 to any one party by any lawyer

or group or succession of lawyers during the continuation of any litigation unless, upon ex

parte application, such further payment has been approved by the Standing Committee on

Ethics of the Mississippi Bar. An attorney contemplating such payment must exercise due

diligence to determine whether such party has received any such payments from another

attorney during the continuation of the same litigation, and, if so, the total of such payments,

without approval of the Standing Committee on Ethics shall not in the aggregate exceed

$1,500. Upon denial of such application, the decision thereon shall be subject to review by

the Mississippi Supreme Court on petition of the attorney seeking leave to make further

payments. Payments under paragraph 2 aggregating $1,500 or less shall be reported by the

lawyer making the payment to the Standing Committee on Ethics within seven (7) days

following the making of each such payment. Applications for approval by the Standing

Committee on Ethics as required hereunder and notices to the Standing Committee on Ethics

of payments aggregating $1,500 or less, shall be confidential.

(f) A lawyer shall not accept compensation for representing a client from one other

than the client unless:

(1) the client consents after consultation;

(2) there is no interference with the lawyer's independence of professional

judgment or with the client-lawyer relationship; and

(3) information relating to representation of a client is protected as required by

Rule 1.6.

(g) A lawyer who represents two or more clients shall not participate in making an

aggregate settlement of the claims of or against the clients, or in a criminal case an

aggregated agreement as to guilty or nolo contendere pleas, unless each client consents after

consultation, including disclosure of the existence and nature of all the claims or pleas

involved and of the participation of each person in the settlement.

(h) A lawyer shall not make an agreement prospectively limiting the lawyer's liability

to a client for malpractice unless permitted by law and the client is independently represented

in making the agreement, or settle a claim for such liability with an unrepresented client or

former client without first advising that person in writing that independent representation is

appropriate in connection therewith.

(i) A lawyer related to another lawyer as parent, child, sibling or spouse shall not

represent a client in a representation directly adverse to a person who the lawyer knows is

represented by the other lawyer except upon consent by the client after consultation regarding

the relationship.

(j) A lawyer shall not acquire a proprietary interest in the cause of action or subject

matter of litigation the lawyer is conducting for a client, except that the lawyer may:

(1) acquire a lien granted by law to secure the lawyer's fee or expenses; and

(2) contract with a client for a reasonable contingent fee in a civil case.

History

[Amended October 21, 1999.] [Amended March 25, 1999.] Comment: Transactions Between Client and Lawyer. As a general principle, all transactions between client and lawyer should be fair and reasonable to the client. In such transactions a review by independent counsel on behalf of the client is often advisable. Furthermore, a lawyer may not exploit information relating to the representation to the client's disadvantage. For example, a lawyer who has learned that the client is investing in specific real estate may not, without the client's consent, seek to acquire nearby property where doing so would adversely affect the client's plan for investment. Paragraph (a) does not, however, apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others, for example, banking or brokerage services, medical services, products manufactured or distributed by the client, and utilities services. In such transactions, the lawyer has no advantage in dealing with the client, and the restrictions in paragraph (a) are unnecessary and impracticable. A lawyer may accept a gift from a client, if the transaction meets general standards of fairness. For example, a simple gift such as a present given at a holiday or as a token of appreciation is permitted. If effectuation of a substantial gift requires preparing a legal instrument such as a will or conveyance, however, the client should have the detached advice that another lawyer can provide. Paragraph (c) recognizes an exception where the client is a relative of the donee or the gift is not substantial. Literary Rights. An agreement by which a lawyer acquires literary or media rights concerning the conduct of the representation creates a conflict between the interests of the client and the personal interests of the lawyer. Measures suitable in the representation of the client may detract from the publication value of an account of the representation. Paragraph (d) does not prohibit a lawyer representing a client in a transaction concerning literary property from agreeing that the lawyer's fee shall consist of a share in ownership in the property, if the arrangement conforms to Rule 1.5 and paragraph (j). Person Paying for Lawyer's Services. Rule 1.8(f) requires disclosure of the fact that the lawyer's services are being paid for by a third party. Such an arrangement must also conform to the requirements of Rule 1.6 concerning confidentiality and Rule 1.7 concerning conflict of interest. Where the client is a class, consent may be obtained on behalf of the class by court-supervised procedure. Family Relationships Between Lawyers. Rule 1.8(i) applies to related lawyers who are in different firms. Related lawyers in the same firm are governed by Rules 1.7, 1.9, and 1.10. The disqualification stated in Rule 1.8(i) is personal and is not imputed to members of firms with whom the lawyers are associated. Acquisition of Interest in Litigation. Paragraph (j) states the traditional general rule that lawyers are prohibited from acquiring a proprietary interest in litigation. This general rule, which has its basis in common law champerty and maintenance, is subject to specific exceptions developed in decisional law and continued in these Rules, such as the exception for reasonable contingent fees set forth in Rule 1.5 and the exception for certain advances of the costs of litigation set forth in paragraph (e). This Rule is not intended to apply to customary qualification and limitations in legal opinions and memoranda.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: f4d0dcd8d8e60b8f846cc8396c008e11546d3600eeb7e62dc45296d5f6b3e51a

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