(a) General Admission of Attorneys
(1) Any attorney who is a member of the Mississippi Bar must satisfy the
following requirements for admission to this court:
(A) the attorney must produce a copy of the certification of admission to
practice in Mississippi either from the Mississippi Bar or the
Mississippi Supreme Court, dated no later than 60 days prior to its
submission;
(B) the attorney must be sponsored by a member of the bar of this court
who must certify that the applicant is a member in good standing in
the Mississippi Bar and is familiar with the Local Rules and the
Mississippi Rules of Professional Conduct; and
(C) the attorney must be presented to the court only after filing his or
her documentation with the clerk of court, paying the admission fee,
and signing the oath. An applicant may then be presented to a
district or magistrate judge of this court for formal admission,
which may be accomplished in open court or in chambers at any
time convenient to the judge. An applicant for admission may be
presented for formal admission to any district or magistrate judge in
either the Northern or Southern District of Mississippi.
(b) Appearances
(1) Requirement of Local Counsel. When a party appears by attorney, every
complaint, answer, motion, application, notice of deposition, or other paper
on behalf of the represented party must be signed, and every deposition,
mediation, conference, or hearing must be attended by at least one attorney
of record admitted to the general practice of law in the district court in
which the action is pending.
(2) Designation of Lead Counsel. In any civil action in which a single party is
represented by multiple counsel, the initial pleadings filed on behalf of the
party must designate at least one attorney as lead counsel.
(3) Withdrawal by Attorneys. When an attorney enters an appearance in a civil
action, he or she must remain as counsel of record until released by formal
order of the court. An attorney may be released only on motion signed by
the client(s) or upon a duly noticed motion to all parties, including the
client, and presented to the judicial officer to whom the case is assigned,
together with a proposed order authorizing counsel’s withdrawal.
(c) Discipline and Reinstatement
(1) Original Discipline. The court may, after notice and an opportunity to show
cause to the contrary, if requested, censure or reprimand any attorney who
practices before it for conduct unbecoming a member of the bar or for
failure to comply with these rules, the Mississippi Rules of Professional
Conduct, or any other rule of the court. If the conduct or failure to comply
is found to be flagrant, the court may, after notice and opportunity to show
cause, revoke or suspend the attorney’s admission to practice before the
court. Such action by the court will be reported by the clerk of the court to
the executive director of the Mississippi Bar or the appropriate official of
the bar of any non-resident attorney admitted to practice before this court.
If the court finds that the conduct complained of affords reasonable
grounds for more stringent disciplinary action, including suspension or
disbarment, the matter will, in the case of a member of the Mississippi Bar,
be referred to the Mississippi Bar for appropriate action under MISS. CODE
ANN. § 73-3-301, et seq. (1972) or subsequent amendments. If the attorney
is not a member of the Mississippi Bar, the matter will be referred to the
appropriate disciplinary authority of the bar of which he or she is a
member.
Nothing herein may be construed to limit the inherent disciplinary power of
the judicial officers of this court, including the power of a district judge to
immediately suspend a member of the bar convicted of a felony in a case
heard before him or her.
(2) Reciprocal Discipline. When it is shown to the court that any member of its
bar has been suspended or disbarred from practice by any other court of
record, the member will be subject to suspension or disbarment by the
district court. The disciplinary action is initiated by a show-cause order
issued by the court, notifying the attorney that disciplinary proceedings
have been commenced, describing the disciplinary proceedings conducted
in the other jurisdiction, and requesting that the member appear and show
cause why he or she should not be suspended or disbarred from practice
before the district court. The member will be afforded 30 days to show
cause why he or she should not be suspended or disbarred; the time for
response may be extended by the court for proper reason. The member’s
response to the show-cause order is limited to claims of (A) lack of
procedural due process in the original proceedings or (B) lack of substantial
evidence to support the factual findings. Lack of procedural due process in
the original proceedings, however, does not preclude original disciplinary
action by the court as provided in subparagraph 1. Upon response to the
show-cause order, and after hearing, if one is requested, or upon expiration
of the period allowed for response, if no response is made, the court may
enter an appropriate order in which it may impose discipline, including, but
not limited to, the same discipline administered by the other jurisdiction.
(3) Reinstatement. No application for relief from suspension or reinstatement
after disbarment will be considered by this court unless the applicant can
show that he or she is an attorney in good standing with the Mississippi Bar
or with the jurisdiction in which he or she may have been suspended or
disbarred. Any attack upon the denial of readmission or relief from
suspension/reinstatement after disbarment is limited to claims of (A) lack
of procedural due process in the reinstatement proceeding of the other
jurisdiction or (B) lack of substantial evidence to support the factual
findings. Upon the applicant’s showing of good standing, the court may
vacate or continue the disbarment or suspension, or diminish the
suspension, as may be appropriate.
(d) Pro Hac Vice Admission of Attorneys
(1) Definitions
(A) A “non-resident attorney” is a person not admitted to practice law in
this state but who is admitted in another state or territory of the
United States or of the District of Columbia and is not disbarred or
suspended from practice in any jurisdiction.
A non-resident attorney is eligible for admission pro hac vice if that
lawyer:
i. lawfully practices solely on behalf of the lawyer’s client and
its commonly owned organizational affiliates, regardless of
where the lawyer resides or works;
ii neither resides nor is regularly employed at an office in this
state;
iii. resides in this state but (a) lawfully practices from offices in
one or more other states and (b) practices no more than
temporarily in this state, whether by admission pro hac vice
or in other lawful ways; or
iv. is a government attorney employed on a full-time basis and
is lawfully admitted to practice in another jurisdiction.
(B) A “resident attorney” is an attorney admitted to practice in either
the Northern or Southern District of Mississippi after complying
with L.U. CIV. R. 83.1(a).
(C) A “client” is a person for whom or entity for which the non-
resident attorney has rendered services or by whom the attorney has
been retained before the lawyer performs services in this state.
(D) “This state” refers to Mississippi. This rule governs proceedings
before any federal court located in this state.
(2) Authority of the Court to Permit Pro Hac Vice Admissions. A federal court
of this state may, in its discretion, admit an eligible non-resident attorney
retained to appear in a particular civil proceeding pending before that court
to appear pro hac vice as counsel in that proceeding. No admission will be
effective until all required fees are received by the clerk of the court. This
rule provides the only authority under which a non-resident attorney who is
not a member of the Mississippi Bar and not admitted to practice before the
Mississippi Supreme Court may practice in a United States District Court
serving Mississippi. These rules contain no “grandfathering” provision
allowing a non-resident attorney not a member of the Mississippi Bar to
practice in a district court other than on a case-by-case pro hac vice
admission.
(3) Association and Duties of a Resident Attorney. No eligible non-resident
attorney may appear pro hac vice unless and until a resident attorney has
been associated. The resident attorney remains responsible to the client and
responsible for the conduct of the proceeding before the court. It is the duty
of the resident attorney to advise the client of the resident attorney’s
independent judgment on contemplated actions in the proceedings if that
judgment differs from that of the non-resident attorney. At least one
resident attorney must sign every submission filed with the court and must
personally appear and participate in all trials, in all pretrial conferences,
case management conferences and settlement conferences, hearings and
other proceedings conducted in open court, and all depositions or other
proceedings in which testimony is given.
(4) Pro Hac Vice Application. A non-resident attorney seeking to appear pro
hac vice in a proceeding pending in a federal court of this state must submit
a verified application, as set out in Form 6, to associated counsel. Local
counsel will retain the original application and file it, in the format required
by the Administrative Procedures for Electronic Case Filing, in the court
where the litigation is filed, accompanied by a certificate of good standing
issued within 90 days of the date of the application by the licensing
authority for all states, as well as the District of Columbia, where the
applicant has been admitted to practice law. The application must be served
on all parties who have appeared in the case and must include proof of
service. The verified application must contain the following information:
(A) the applicant’s residence and business address;
(B) the name, address, and phone number of each client sought to be
represented;
(C) the courts before which applicant has been admitted to practice and
the respective period(s) of admission;
(D) whether the applicant (i) has been denied admission pro hac vice in
this state, (ii) has had admission pro hac vice revoked in this state,
or (iii) has otherwise formally been disciplined or sanctioned by any
court in this state in the last five years. If so, specify the nature of
the allegations, the name of the authority bringing such
proceedings, the caption of the proceedings, the date filed, what
findings were made, and what action was taken in connection with
those proceedings;
(E) whether any formal, written disciplinary proceeding has ever been
brought against the applicant by a disciplinary authority in any
other jurisdiction within the last five years and, as to each such
proceeding: the nature of the allegations; the name of the person or
authority bringing such proceedings; the date the proceedings were
initiated and finally concluded; the style of the proceedings; and the
findings made and actions taken in connection with those
proceedings;
(F) whether the applicant has been formally held in contempt or
otherwise sanctioned by any court in a written order in the last five
years for disobedience to its rules or orders, and, if so, the nature of
the allegations; the name of the court before which such
proceedings were conducted; the date of the contempt order or
sanction; the caption of the proceedings; and the substances of the
court’s rulings (a copy of the written order or transcript of the oral
rulings must be attached to the application);
(G) the name and address of each court and a full identification of each
proceeding in which the applicant has filed an application to appear
pro hac vice in this state within the preceding two years; the date of
each application; and the outcome of the application;
(H) the style and number of each case, including the name of the court,
in which the applicant has appeared as counsel pro hac vice within
the immediately preceding 12 months, is presently appearing as
counsel pro hac vice, or has pending applications for admission to
appear pro hac vice;
(I) an affirmative statement that the applicant has read and is familiar
with the Local Rules of the United States District Courts for the
Northern and Southern Districts of Mississippi and the ethics,
principles, practices, customs and usages of the legal profession in
the State of Mississippi, including but not limited to the Mississippi
Rules of Professional Conduct required of the members of the
Mississippi Bar as well as the procedures of this court;
(J) the name, address, telephone number, e-mail address, and bar
number of the resident attorney whom the applicant has associated
in the particular case; and
(K) the signature of the resident attorney associated by the applicant
certifying the resident attorney’s agreement to the association and
his/her appearance of record with the non-resident attorney.
The non-resident attorney’s application may provide the following optional
information:
i. the applicant’s prior or continuing representation in other matters of
one or more of the clients the applicant proposes to represent and
any relationship between those other matter(s) and the proceeding
for which the applicant seeks admission; and
ii. any special experience, expertise, or other factor the applicant
believes to make it particularly desirable that the applicant be
permitted to represent the client(s) the applicant proposes to
represent in the particular case.
(5) Application Fee. Simultaneously with the filing of the verified application,
the applicant must pay a non-refundable fee in an amount set by the court
by general order. An applicant will not be required to pay the fee
established by L.U. CIV. R. 83.1(d)(5) if the applicant will not charge an
attorney fee to the client(s) and is:
(A) employed or associated with a pro bono project or nonprofit legal
services organization in a civil case involving the client(s) of such
programs; or
(B) applying to appear in a habeas corpus proceeding or criminal case
for an indigent defendant.
(6) Objection to Application. A party to the proceedings may file an objection
to the application or seek the court’s imposition of conditions to its being
granted. The objecting party must file its written objection by way of a
verified affidavit containing or describing information establishing a
factual basis for the objection and may seek denial or modification of the
application. If the application has already been granted, the objecting party
may move that the pro hac vice admission be revoked. The court may grant
or deny the application or modification of the application without the
necessity of any hearing, at the court’s discretion.
(7) Standards for Admission. The court has discretion whether to grant
applications for admission pro hac vice and to set the terms and conditions
of admission. An application ordinarily should be granted unless the court
finds reasons to believe that:
(A) admission would be detrimental to the prompt, fair, and efficient
administration of justice;
(B) admission would be detrimental to legitimate interests of parties to
the proceedings other than the client(s) the applicant proposes to
represent;
(C) one or more of the clients the applicant proposes to represent would
be at risk of receiving inadequate representation and cannot
adequately appreciate the risk;
(D) the applicant has engaged in more than five separate unrelated cases
or other matters before the Northern and Southern Districts of the
federal courts of this state within the last 12 months immediately
preceding the appearance in question; or
(E) the applicant had, before the application, filed or appeared in the
federal court without having secured approval under these rules.
(8) Revocation of Admission. Admission to appear as counsel pro hac vice in a
proceeding will be revoked if the attorney is suspended or disbarred by any
other court of record during the pendency of the action in which he or she
has been granted leave to appear, and lack of due process or lack of
substantial evidence to support the factual findings in the original
proceeding will not preclude revocation. Admission to appear as counsel
pro hac vice in a proceeding may also be revoked for any of the reasons
listed in Section 7(A–C) above or just cause determined by the court.
(9) Suspension or Disbarment of Resident Attorney. In the event the resident
attorney associated by the non-resident attorney in a particular case is
suspended, disbarred, or incapacitated by virtue of health or otherwise from
the practice of law in the State of Mississippi, the non- resident attorney,
before further proceeding in the pending case, must associate a new
resident attorney who is in good standing to practice law in Mississippi and
admitted to practice in the Northern or Southern District federal courts for
the State of Mississippi and must file an amendment to the verified
application required by L.U. CIV. R. 83.1(4).
(10) Attorneys Representing the United States. Attorneys representing the
United States or any of its departments, agencies, or employees are
permitted to appear on behalf of the United States government and to
represent its interests in any matter in which the United States government
is interested upon proper introduction to the court by the United States
Attorney for the district or one of the United States Attorney’s assistants.
(e) Authorization to Practice Law in the Northern and Southern Districts of
Mississippi Federal Court
A law student who is enrolled in a legal internship program or a clinical legal
education course in an American Bar Association accredited law school of this
state and who has been granted limited admission under the Mississippi Limited
Practice Act, MISS. CODE ANN. §§ 73-3-201 to -211 (1972), may also be
authorized to engage in limited practice in this court with the following additional
conditions and limitations:
(1) The law student who applies for admission to limited practice must certify
that the student is familiar with federal procedural and evidentiary rules as
well as these Local Rules. The law student must take the oath and be
admitted to limited practice by order of a judicial officer of this court.
(2) Upon filing the oath and order in the office of the clerk of court, the law
student will be authorized to engage in limited practice in any federal court
in the state subject to any controls and limitations ordered by the court.
(3) The authority for limited practice by a law student will continue during any
regular school term during which the law student is enrolled in a legal
internship or clinical legal education course, including interim sessions
between terms. The court may revoke the authority granted at any time.
(4) A law student may not directly represent clients but may only assist the
supervising attorney or clinical teacher, who must be admitted to practice
in this court and otherwise meet the requirements of MISS. CODE ANN.
§ 73-3-205, in representing their clients. All pleadings and entries of record
in courts must be signed by the supervising attorney or clinical teacher.
(5) Law students may appear and participate in trials and hearings in court if
the supervising attorney or clinical teacher is present and supervising the
student.
(6) Law students assigned to prosecuting attorneys may assist the supervising
attorney before grand juries subject to the same prohibitions and penalties
as to disclosure and secrecy as are members of the grand jury.
(7) Law students will be subject to the same standards and rules of professional
conduct and ethics and the same rules of discipline as members of the bar
of this court, and each must certify in writing that the student has read and
is familiar with the Mississippi Rules of Professional Conduct.
(8) A law student may not receive compensation for the student’s services
from the client or from any other source, directly or indirectly, for
participation, other than the award of academic credit by the student’s law
school. This rule does not prevent the court from awarding costs and
expenses which may otherwise be authorized by law to any governmental
agency, legal assistance program, or law school clinical instruction
program for the services provided by the student. As in all other cases, the
court will determine the propriety and amount of an award of costs,
including reasonable attorneys’ fees.
The judicial officer before whom a student is participating may, at any time
and with or without cause and for any reason, revoke the authorization
established by this Rule.
