Rule 46. ADMISSION, WITHDRAWAL, AND

DISCIPLINE OF ATTORNEYS

(a) Admission to Practice. Attorneys who have not been admitted to practice in the

Supreme Court or the Court of Appeals shall not be permitted to argue orally, or file briefs

or any paper in any cause in either Court. Upon presentation to the clerk of a certified copy

of the order of a trial court admitting an attorney to practice in this state, together with a

certificate of good standing from the Executive Director of the Mississippi Bar, the clerk may

admit such attorneys to practice before the Supreme Court and the Court of Appeals and

administer the oath to each such attorney.

(b) Admission of Foreign Attorneys Pro Hac Vice.

(1) Terminology

i. “Administrative agency” shall include any agency, department, board

or commission of the State of Mississippi, or any county, city, public school

district or other political subdivision of the State of Mississippi.

ii. “Appearance” shall include the appending or allowing the appending

of the foreign attorney’s name on any pleading or other paper filed or served, or

appearing personally before a court or administrative agency or participating in a

deposition or other proceeding in which testimony is given. Presentation of

uncontested matters to administrative agencies does not constitute appearance as

the term is used in this Rule 46(b). Appearance of a foreign attorney shall

commence with the first appearance and continue until final determination or until

an order permitting the foreign attorney to withdraw has been issued.

iii. “General practice of law” shall be deemed to include, when applied

to a foreign attorney, appearances by the foreign attorney in more than five (5)

separate unrelated causes or other matters before the courts or administrative

agencies of this state within the twelve (12) months immediately preceding the

appearance in question.

iv. “Foreign attorney” shall mean an attorney licensed to practice law

“General practice of law” shall be deemed to include, when applied

to a foreign attorney, appearances by the foreign attorney in more than five (5)

separate unrelated causes or other matters before the courts or administrative

agencies of this state within the twelve (12) months immediately preceding the

appearance in question.

iv. “Foreign attorney” shall mean an attorney licensed to practice law

and in good standing in another state, the District of Columbia, or other American

jurisdiction, but not licensed and in good standing to practice law in Mississippi.

v. “Local attorney” shall mean an attorney who is licensed and in good

standing to practice law in Mississippi.

(2) Appearance of a Foreign Attorney Pro Hac Vice Permitted. A foreign attorney shall

not appear in any cause except as allowed pro hac vice under this Rule 46(b). A foreign

attorney who is of good moral character and familiar with the ethics, principles, practices,

customs, and usages of the legal profession in this state, may, subject to the provisions of this

Rule 46(b), appear as counsel pro hac vice in a particular cause before any court or

administrative agency in this state upon compliance with the conditions stated in this

subdivision.

(3) Foreign Attorney Appearing Pro Hac Vice Subject to Local Jurisdiction. A foreign

attorney appearing as counsel pro hac vice before any court or administrative agency of this

state shall be subject to the jurisdiction of the courts of this state in any matter arising out of

the attorney's conduct in such proceedings. The foreign attorney shall study and comply with

the standards of professional conduct required of members of the Mississippi Bar and shall

be subject to the disciplinary jurisdiction of the courts of this state, of the disciplinary

tribunals of the Mississippi Bar, and of the Mississippi Board of Bar Admissions with respect

to any acts occurring during the course of such appearance

h proceedings. The foreign attorney shall study and comply with

the standards of professional conduct required of members of the Mississippi Bar and shall

be subject to the disciplinary jurisdiction of the courts of this state, of the disciplinary

tribunals of the Mississippi Bar, and of the Mississippi Board of Bar Admissions with respect

to any acts occurring during the course of such appearance. A foreign attorney who has been

found in an appropriate disciplinary proceeding to have advertised services in violation of

Rule 7.2 of the Mississippi Rules of Professional Conduct, or who is employed by or is a

member of a firm which has been so found, shall not be granted leave to appear pro hac vice

before the courts or administrative agencies of this state.

(4) Association of Local Attorney. No foreign attorney may appear pro hac vice before

any court or administrative agency of this state unless the foreign attorney has associated in

that cause a local attorney. The name of the associated local attorney shall appear on all

notices, orders, pleadings, and other papers filed in the cause. The local attorney shall

personally appear and participate in all trials, and, unless specifically excused from such

appearance by the court or administrative agency, in all pretrial conferences, hearings, other

proceedings conducted in open court and all depositions or other proceedings in which

testimony is given in this state. By associating with a foreign attorney in a particular cause,

the local counsel accepts joint and several responsibility with such foreign attorney to the

client, to opposing parties and counsel, and to the court or administrative agency in all matters

arising from that particular cause.

(5) Verified Application, Clerk’s Statement and Filing Fees. A foreign attorney

desiring to appear pro hac vice before any court or administrative agency of this state shall

file with the subject court or administrative agency and with the Clerk of the Supreme Court

lient, to opposing parties and counsel, and to the court or administrative agency in all matters

arising from that particular cause.

(5) Verified Application, Clerk’s Statement and Filing Fees. A foreign attorney

desiring to appear pro hac vice before any court or administrative agency of this state shall

file with the subject court or administrative agency and with the Clerk of the Supreme Court

(1) a verified application and (2) a statement obtained from the Clerk of the Supreme Court

indicating all causes or other matters in which the foreign attorney previously requested leave

to appear as counsel pro hac vice showing the date and disposition of each request. Such

application and statement shall be accompanied by a certificate of service on all parties in

accordance with the Mississippi Rules of Civil Procedure.

The verified application shall contain the following information:

i. the name of the court or administrative agency before which the

foreign attorney desires to appear as counsel pro hac vice;

ii. the style of the cause in which the foreign attorney desires to appear;

iii. the full name, residence address, office address, voice and facsimile

telephone numbers, and e-mail address, if any, of the foreign attorney;

iv. each jurisdiction in which the foreign attorney has been admitted and

the date of admission;

v. a statement that the foreign attorney: (a) does not maintain an office

within this state, or that the foreign attorney is a member of a firm which maintains

an office or offices within this state which are staffed, full time, by an attorney or

attorneys who are licensed to practice in this state and (b) has not engaged in the

general practice of law in this state without being properly admitted and licensed

to practice law in this state;

vi

oes not maintain an office

within this state, or that the foreign attorney is a member of a firm which maintains

an office or offices within this state which are staffed, full time, by an attorney or

attorneys who are licensed to practice in this state and (b) has not engaged in the

general practice of law in this state without being properly admitted and licensed

to practice law in this state;

vi. a statement that the foreign attorney is currently licensed in good

standing to practice law in each jurisdiction in which the foreign attorney has been

admitted or, if the foreign attorney is not currently licensed in good standing to

practice law in any jurisdiction in which the foreign attorney has previously been

admitted, a full explanation of circumstances;

vii. a statement that the foreign attorney is not currently suspended or

disbarred by any jurisdiction in which the foreign attorney has been admitted;

viii. a statement of whether or not the foreign attorney has been the

subject of disciplinary action by the bar or courts of any jurisdiction during the

preceding five (5) years, and, if so, a full explanation of the circumstances;

ix. a statement that the foreign attorney is of good moral character and

familiar with the ethics, principles, practices, customs, and usages of the legal

profession in this state;

x. the style and number of each cause, including the name of the court

or administrative agency, in which the foreign attorney has appeared as counsel

pro hac vice within this state within the immediately preceding 12 months, is

presently appearing as counsel pro hac vice, or has requested admission to appear

as counsel pro hac vice;

ices, customs, and usages of the legal

profession in this state;

x. the style and number of each cause, including the name of the court

or administrative agency, in which the foreign attorney has appeared as counsel

pro hac vice within this state within the immediately preceding 12 months, is

presently appearing as counsel pro hac vice, or has requested admission to appear

as counsel pro hac vice;

xi. a statement that, unless permitted to withdraw by order of the court

or administrative agency, the foreign attorney will continue to represent the client

in the cause until the final determination of the cause, and that, with reference to

all matters incident to such cause, the foreign attorney consents to the jurisdiction

of the courts of the State of Mississippi, of the disciplinary tribunals of the

Mississippi Bar, and of the Mississippi Board of Bar Admissions in all respects as

if the foreign attorney were a regularly admitted and licensed member of the

Mississippi Bar;

xii. the name and office address of the member or members in good

standing of the Mississippi Bar whom the foreign attorney has associated in the

particular cause; and

xiii. the verified application of the foreign attorney for appearance pro

hac vice shall also be signed by the associated local attorney, certifying the local

attorney’s agreement to be associated by the foreign attorney in the particular

cause.

Simultaneously with the filing of the application, the foreign attorney shall pay to The

Mississippi Bar the sum of $300 which will be used by the Bar to provide legal services to the

indigent, and shall certify to the court or agency and to the Clerk of the Supreme Court that

such payment has been made, and shall pay to the Clerk of the Supreme Court the customary

miscellaneous docket fee as provided in Miss. Code Ann. § 25-7-3. In cases involving

indigent clients, the court or agency may waive the filing fees for good cause shown.

by the Bar to provide legal services to the

indigent, and shall certify to the court or agency and to the Clerk of the Supreme Court that

such payment has been made, and shall pay to the Clerk of the Supreme Court the customary

miscellaneous docket fee as provided in Miss. Code Ann. § 25-7-3. In cases involving

indigent clients, the court or agency may waive the filing fees for good cause shown.

(6) Proceedings on Application of Foreign Attorney to Appear as Counsel Pro Hac

Vice. No hearing on an application to appear pro hac vice is required except upon motion

of a party or where the court considers such a hearing to be desirable. Upon motion of a party

opposing such appearance, or on the court’s motion, a hearing may, in the discretion of the

judge, be held to determine whether the foreign attorney has complied with Rule 46(b).

(7) Order Authorizing Appearance. A foreign attorney shall not appear as counsel pro

hac vice before any court or administrative agency until the foreign attorney certifies to the

court or administrative agency that the foreign attorney has provided a copy of the order

authorizing such appearance to the Clerk of the Supreme Court.

(8) Prohibition of General Practice of Law in Mississippi Under Pro Hac Vice

Privilege.

i. General Prohibition. No foreign attorney shall appear as counsel pro

hac vice before any court or administrative agency of this state if the foreign

attorney: (a) maintains an office within this state, unless the foreign attorney is a

member of a firm which maintains an office or offices within this state which are

staffed, full time, by an attorney or attorneys who are licensed to practice in this

state or (b) has engaged in the general practice of law in this state without being

properly admitted and licensed to practice law in this state.

ii. General Practice

ns an office within this state, unless the foreign attorney is a

member of a firm which maintains an office or offices within this state which are

staffed, full time, by an attorney or attorneys who are licensed to practice in this

state or (b) has engaged in the general practice of law in this state without being

properly admitted and licensed to practice law in this state.

ii. General Practice . Appearances by a foreign attorney before the courts

or administrative agencies of this state in more than five (5) separate unrelated

causes or other matters within the twelve (12) months immediately preceding the

appearance in question shall be deemed the general practice of law in this state,

which may be performed only by an attorney properly admitted and in good

standing as a member of the Mississippi Bar. Appearance of a foreign attorney

shall commence with the first appearance and continue until final determination

on the merits or until the foreign attorney has obtained an order permitting him to

withdraw.

iii. Exception for Law Teachers. The limitations in this subdivision

(b)(8) shall not apply to a foreign attorney employed full-time as a law school

teacher by a law school located in this state, provided that such law teacher must

be in good standing in the jurisdictions in which the law teacher is admitted and

must associate a local attorney in order to appear.

(9) Suspension or Disbarment Terminates Permission to Appear Pro Hac Vice.

i. Foreign Attorney. Permission for a foreign attorney to appear pro hac

vice under the provisions of this rule shall terminate upon such attorney's

suspension or disbarment in any jurisdiction in which the foreign attorney has been

admitted. The foreign attorney shall have the duty to promptly report to the court

or administrative agency of this state before which the foreign attorney is

appearing any disciplinary action which has been taken in any other jurisdiction.

ii. Local Attorney

sions of this rule shall terminate upon such attorney's

suspension or disbarment in any jurisdiction in which the foreign attorney has been

admitted. The foreign attorney shall have the duty to promptly report to the court

or administrative agency of this state before which the foreign attorney is

appearing any disciplinary action which has been taken in any other jurisdiction.

ii. Local Attorney. In the event that the local attorney associated by a

foreign 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 foreign attorney shall, before proceeding further in the pending cause, associate

a new local attorney who is in good standing to practice law in this state and shall

file an amendment to the verified application required by subdivision (b)(5).

(10) Exclusions.

i. Appearance Pro Se. Nothing in this rule shall be construed to prohibit any

attorney from appearing before any court or administrative agency of this state on the

attorney's own behalf in any civil or criminal matter.

ii. United States Attorneys. Attorneys representing the United States

government in matters before the courts or administrative agencies of this state

shall be permitted to appear on behalf of the United States government and to

represent its interest in any matter in which the United States government is

interested without the association of local counsel.

ehalf in any civil or criminal matter.

ii. United States Attorneys. Attorneys representing the United States

government in matters before the courts or administrative agencies of this state

shall be permitted to appear on behalf of the United States government and to

represent its interest in any matter in which the United States government is

interested without the association of local counsel.

(11) Enforcement.

i. By Clerks and Filing Officers. No court clerk or filing officer of any

administrative agency of this state shall accept or file any pleadings or other papers

from a foreign attorney who has not complied with the requirements of this rule.

Any pleadings or other papers filed in violation of this rule shall be stricken from

the record upon the motion of any party or by the court or administrative agency

sua sponte. A request for the issuance of a subpoena pursuant to Rule 45(a)(3) of

the Rules of Civil Procedure is not subject to this Rule.

ii. By Courts and Administrative Agencies. The courts and

administrative agencies of this state shall have the duty and authority to enforce

the provisions of this rule by denying violators the right to appear. If a foreign

attorney engages in professional misconduct during the course of a special

appearance, the judge or chief officer of the administrative agency before which

the foreign attorney is appearing may revoke permission to appear pro hac vice and

may cite the foreign attorney for contempt. In addition, the judge or administrative

officer shall refer the matter to the disciplinary counsel of the Mississippi Bar for

appropriate action by the disciplinary tribunal.

iii. Violation. Violation of this rule is deemed to be the unlawful

practice of law. The Mississippi Bar, or its designated representatives, shall have

the right to take appropriate action to enforce the provisions of this rule under the

provisions of Miss. Code Ann. § 73-51-1 (1989).

iv. Cumulative Enforcement

y counsel of the Mississippi Bar for

appropriate action by the disciplinary tribunal.

iii. Violation. Violation of this rule is deemed to be the unlawful

practice of law. The Mississippi Bar, or its designated representatives, shall have

the right to take appropriate action to enforce the provisions of this rule under the

provisions of Miss. Code Ann. § 73-51-1 (1989).

iv. Cumulative Enforcement. Provisions of this rule shall be cumulative

with all other statutes and rules providing remedies against the unauthorized

practice of law within the State of Mississippi.

(c) Withdrawal. An attorney who appears before the Supreme Court or the Court of

Appeals in an appeal or other proceeding may withdraw from the representation only with the

approval of the appropriate court. If an attorney desires to withdraw, the attorney shall file

a motion giving the attorney's reasons for desiring to withdraw and requesting approval of the

appropriate court. Such motion shall be served upon the attorney's client and upon all parties.

The motion shall be accompanied by an appearance form of substitute counsel or a signed

statement by the client indicating that the client agrees to proceed pro se, or shall explain why

neither can be obtained. If the motion is accompanied by a signed statement by a client in a

criminal appeal, then pursuant to Rule 6(c), the appellate court shall request that the trial court

determine whether the appellant knowingly and intelligently waives counsel on appeal.

ute counsel or a signed

statement by the client indicating that the client agrees to proceed pro se, or shall explain why

neither can be obtained. If the motion is accompanied by a signed statement by a client in a

criminal appeal, then pursuant to Rule 6(c), the appellate court shall request that the trial court

determine whether the appellant knowingly and intelligently waives counsel on appeal.

(d) Disciplinary Power of the Court Over Attorneys. Every petition, motion, brief,

or other paper filed by a party represented by an attorney shall be signed by at least one

attorney of record in the attorney's individual name, whose address shall be stated. The

appellate court may, after reasonable notice and an opportunity to show cause to the contrary,

and after hearing, if requested by the attorney, take any appropriate disciplinary action against

any attorney who practices before it for conduct unbecoming a member of the bar, or for

failure to comply with these rules or any order of the Supreme Court or the Court of Appeals,

or for filing any frivolous petition, motion, brief, or other paper.

(e) Military Legal Assistance Program

(1) A lawyer admitted to the practice of law in a state or territory of the United

States, other than Mississippi, who is serving in or employed by the armed services as

an attorney and is otherwise authorized to provide legal assistance pursuant to 10 U.S.

Code § 1044, may apply to the Supreme Court for a certificate as a Registered Military

Legal Assistance Attorney in Mississippi to represent clients eligible for legal assistance

in the courts and tribunals of this state while the lawyer is employed, stationed, or

assigned within Mississippi.

(2) Each applicant for a Registered Military Legal Assistance Attorney

Certificate shall:

uant to 10 U.S.

Code § 1044, may apply to the Supreme Court for a certificate as a Registered Military

Legal Assistance Attorney in Mississippi to represent clients eligible for legal assistance

in the courts and tribunals of this state while the lawyer is employed, stationed, or

assigned within Mississippi.

(2) Each applicant for a Registered Military Legal Assistance Attorney

Certificate shall:

(i) file with the clerk of the Supreme Court an application, under

oath, upon a form furnished by the clerk;

(ii) furnish a certificate, signed by the presiding judge of the court of last

resort, or other appropriate official of the jurisdiction in which the applicant

is admitted to practice law, stating that the applicant is licensed to practice law

and is an active member in good standing of the bar of such jurisdiction;

(iii) file an affidavit, upon a form furnished by the clerk of the Supreme

Court, from the commanding officer, staff judge advocate or chief legal

officer of the military base in Mississippi where the applicant is employed,

stationed, or assigned, attesting to the fact that the applicant is serving as a

lawyer to provide legal services exclusively for the military, that the nature of

the applicant’s employment or service conforms to the requirements of this

rule, and that the commanding officer, staff judge advocate or chief legal

officer, or his or her successor, shall notify the clerk of the Supreme Court

immediately upon the termination of the applicant’s employment or service at

the military base.

r to provide legal services exclusively for the military, that the nature of

the applicant’s employment or service conforms to the requirements of this

rule, and that the commanding officer, staff judge advocate or chief legal

officer, or his or her successor, shall notify the clerk of the Supreme Court

immediately upon the termination of the applicant’s employment or service at

the military base.

(3) Upon a finding by the clerk of the Supreme Court that the applicant has

produced evidence sufficient to satisfy the clerk that the applicant is a person of honest

demeanor and good moral character who possesses the requisite fitness to perform the

obligations and responsibilities of a practicing attorney at law and satisfies all other

requirements of this rule, the clerk shall notify the applicant that he or she is eligible to

be issued a Registered Military Legal Assistance Attorney Certificate. After the

applicant has taken and subscribed to the oaths required of attorneys at law, the clerk

shall issue to the applicant a Military Legal Assistance Attorney Certificate, which shall

entitle the applicant to represent clients eligible for legal assistance in the courts and

tribunals of this state solely as provided in this rule.

(4) The practice of a lawyer under this rule shall be subject to the limitations

and restrictions of 10 U.S.C. § 1044 and the regulations of that lawyer’s military service

and shall be further limited to: (i) adoptions, (ii) guardianships, (iii) name changes, (iv)

divorces, (v) paternity matters, (vi) child custody, visitation, child and spousal support,

this state solely as provided in this rule.

(4) The practice of a lawyer under this rule shall be subject to the limitations

and restrictions of 10 U.S.C. § 1044 and the regulations of that lawyer’s military service

and shall be further limited to: (i) adoptions, (ii) guardianships, (iii) name changes, (iv)

divorces, (v) paternity matters, (vi) child custody, visitation, child and spousal support,

(vii) landlord-tenant disputes on behalf of tenants, (viii) consumer advocacy cases

involving alleged breaches of contract or warranties, repossession, or fraud, (ix)

garnishment defenses, (x) probate, (xi) enforcement of rights under the Servicemembers

Civil Relief Act (50 U.S.C. App. § 501 et seq.), (xii) enforcement of rights under the

Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et

seq., and (xiii) such other cases within the discretion of the court or tribunal before

which the matter is pending.

(5) All pleadings filed by a legal assistance attorney shall cite this rule, and

include the name, complete address and telephone number of the military legal office

representing the client, and the name, grade and armed service of the lawyer registered

under this rule providing representation.

(6) No lawyer registered under this rule shall (a) undertake to represent any

person other than an eligible legal assistance client before a court or tribunal of this

state, (b) offer to provide legal services in this state to any person other than as

authorized by his or her military service, or (c) hold himself or herself out in this state

to be authorized to provide legal services to any person other than as authorized by his

or her military service.

ake to represent any

person other than an eligible legal assistance client before a court or tribunal of this

state, (b) offer to provide legal services in this state to any person other than as

authorized by his or her military service, or (c) hold himself or herself out in this state

to be authorized to provide legal services to any person other than as authorized by his

or her military service.

(7) Representing clients eligible for legal assistance in the courts or tribunals

of this state under this rule shall be deemed the practice of law and shall subject the

lawyer to all rules governing the practice of law in Mississippi, including the Mississippi

Rules of Professional Conduct and the Rules of Discipline. Jurisdiction of the

Mississippi Bar shall continue whether or not the lawyer retains the Registered Military

Legal Assistance Attorney Certificate and irrespective of the lawyer’s presence in

Mississippi.

(8) Each person receiving a Military Legal Assistance Attorney Certificate

shall be registered with the Mississippi Bar as an active member on the basis of that

certificate and shall be subject to the same membership obligations as other active

members of the Mississippi Bar, other than the payment of dues and assessments and

Continuing Legal Education requirements. A lawyer registered under this rule shall use

as his or her address of record with the Mississippi Bar, the military address in

Mississippi of the commanding officer, staff judge advocate or chief legal officer which

filed the affidavit on the lawyer’s behalf.

as other active

members of the Mississippi Bar, other than the payment of dues and assessments and

Continuing Legal Education requirements. A lawyer registered under this rule shall use

as his or her address of record with the Mississippi Bar, the military address in

Mississippi of the commanding officer, staff judge advocate or chief legal officer which

filed the affidavit on the lawyer’s behalf.

(9) Each person issued a Military Legal Assistance Attorney Certificate shall

promptly report to the Mississippi Bar any changes in employment or military service,

any change in bar membership status in any state or territory of the United States, or the

District of Columbia where the applicant has been admitted to the practice of law, or the

imposition of any disciplinary sanction in a state or territory of the United States or the

District of Columbia or by any federal court or agency where the applicant has been

admitted to the practice of law.

(10) The limited authority to practice law which may be granted under this

rule shall be automatically terminated when (a) the lawyer is no longer employed,

stationed, or assigned at the military base in Mississippi from which the affidavit

required by this rule was filed, (b) the lawyer has been admitted to the practice of law

in this state by examination or pursuant to any other provision of the Rules Governing

Admission to the Mississippi Bar, (c) the lawyer fails to comply with any provision of

this rule, (d) the lawyer fails to maintain current good standing as an active member of

a bar in at least one state or territory of the United States other than Mississippi, or (e)

when suspended or disbarred for disciplinary reasons in any state or territory of the

United States or the District of Columbia or by any federal court or agency where the

lawyer has been admitted to the practice of law.

(f) Pro Bono Publicus Attorneys.

(1) Terminology

ood standing as an active member of

a bar in at least one state or territory of the United States other than Mississippi, or (e)

when suspended or disbarred for disciplinary reasons in any state or territory of the

United States or the District of Columbia or by any federal court or agency where the

lawyer has been admitted to the practice of law.

(f) Pro Bono Publicus Attorneys.

(1) Terminology

(i) A "pro bono publicus attorney" is: (a) an inactive member of the Mississippi

Bar who is not otherwise engaged in the practice of law; or (b) an attorney licensed in a state

other than Mississippi who:

will provide free legal services under the supervision of a qualified legal services provider as

defined in this rule;

is licensed to practice law in at least one state and has no record of public discipline for

professional misconduct imposed at any time within the past fifteen years and who did not

resign or retire from the practice of law with disciplinary charges pending or in lieu of

discipline; and

neither asks for nor receives personal compensation of any kind for the legal services rendered

under this rule.

(ii) A "qualified legal services provider" for the purposes of this rule is a

not-for-profit legal aid organization that is approved by the Mississippi Bar as set forth in this

rule. A legal aid organization seeking approval from the Mississippi Bar for purposes of this

rule shall file a petition with the Office of General Counsel of the Mississippi Bar certifying

that it is a not-for-profit organization and specifically stating:

(a) the structure of the organization and whether it accepts funds from its

clients;

(b) the major sources of funds used by the organization;

(c) the criteria used to determine potential clients' eligibility for legal

services performed by the organization;

(d) the types of legal and non-legal services performed by the organization;

t it is a not-for-profit organization and specifically stating:

(a) the structure of the organization and whether it accepts funds from its

clients;

(b) the major sources of funds used by the organization;

(c) the criteria used to determine potential clients' eligibility for legal

services performed by the organization;

(d) the types of legal and non-legal services performed by the organization;

(e) the names of all members of the Mississippi Bar who are employed by

the organization or who regularly perform legal work for the organization;

and

(f) the existence of professional liability insurance that will cover the pro

bono publicus attorney.

(2) Limitations.

(i) Except for the acts and services performed in association with a qualified

legal services provider, a pro bono publicus attorney shall not otherwise engage in the active

practice of law.

(ii) The pro bono publicus attorney shall not be paid by the qualified legal

services provider, but the qualified legal services provider may reimburse the pro bono

publicus attorney for actual expenses incurred while rendering services. The qualified legal

services provider shall be entitled to receive any court-awarded attorneys fees for

representation rendered by the pro bono publicus attorney. Collection of any money from the

client, including but not limited to reimbursements for expenses incurred, shall be handled

exclusively by and through the qualified legal services provider.

(iii) An attorney who complies with this rule permitting practice as a pro bono

publicus attorney shall not be deemed to be engaged in the unauthorized practice of law as

defined by Miss. Code Ann. § 73-3-55 (1972, as amended), the Mississippi Rules of

Professional Conduct and pertinent case law.

(3) Duties of pro bono publicus attorney.

Before providing services under the authority of this rule, an attorney shall first present to the

Office of General Counsel of the Mississippi Bar an affidavit containing the following:

aged in the unauthorized practice of law as

defined by Miss. Code Ann. § 73-3-55 (1972, as amended), the Mississippi Rules of

Professional Conduct and pertinent case law.

(3) Duties of pro bono publicus attorney.

Before providing services under the authority of this rule, an attorney shall first present to the

Office of General Counsel of the Mississippi Bar an affidavit containing the following:

(i) the attorney's full name, firm name, residence address, principal business

address, telephone numbers, jurisdiction or jurisdictions in which the attorney is admitted, and

bar identification numbers;

(ii) affirmation that the attorney is an inactive member of the Mississippi Bar

or is duly licensed and in good standing and authorized to practice law in at least one state and

has no record of public discipline for professional misconduct imposed at any time within the

past fifteen years and did not resign or retire from the practice of law with disciplinary charges

pending or in lieu of discipline;

(iii) affirmation that in performing all services under the authorization of this

rule, the attorney will be acting as a volunteer for a qualified legal services provider;

(iv) affirmation that all services to be performed will be at no charge or

expense to the client;

(v) affirmation that the attorney will abide by the Mississippi Rules of

Professional Conduct and consents to the jurisdiction of the State of Mississippi for

disciplinary action; and

r the authorization of this

rule, the attorney will be acting as a volunteer for a qualified legal services provider;

(iv) affirmation that all services to be performed will be at no charge or

expense to the client;

(v) affirmation that the attorney will abide by the Mississippi Rules of

Professional Conduct and consents to the jurisdiction of the State of Mississippi for

disciplinary action; and

(vi) affirmation that the attorney will not undertake to represent any person

other than an eligible legal assistance client for a qualified legal services provider, shall not

offer to provide legal assistance in this State to any person or for any matter other than

through a qualified legal services provider, and shall not hold himself or herself out in this

State to be authorized to provide legal services to any person or for any matter other than

through a qualified legal services provider.

Advisory Committee Historical Note

Effective as to verified applications for leave to appear pro hac vice filed on or after

March 1, 2003, Rule 46(b) and the Comment to Rule 46 were substantially amended to

designate the Clerk of the Supreme Court as the central source from which to obtain a record

of appearances by foreign attorneys, to enlarge the definition of “appearance,” to clarify the

definition of “general practice of law,” to increase the role of local counsel, and to make other

associated changes. So. 2d (West Miss. Cases).

Effective June 24, 1999, Rule 46(b)(5) was amended to effect editorial changes. 735

So. 2d XIX (West Miss. Cases 1999).

Effective January 1, 1999, new Rule 46(b)(5) was adopted and existing subsections

renumbered. 717-722 So. 2d XXVII (West Miss. Cases 1998).

Effective June 24, 1999, Rule 46(b)(5) was amended to effect editorial changes. 735

So. 2d XIX (West Miss. Cases 1999).

Effective January 1, 1999, new Rule 46(b)(5) was adopted and existing subsections

renumbered. 717-722 So. 2d XXVII (West Miss. Cases 1998).

Effective January 1, 1995, Rule 46 replaced Miss.Sup.Ct.R

and existing subsections

renumbered. 717-722 So. 2d XXVII (West Miss. Cases 1998).

Effective June 24, 1999, Rule 46(b)(5) was amended to effect editorial changes. 735

So. 2d XIX (West Miss. Cases 1999).

Effective January 1, 1999, new Rule 46(b)(5) was adopted and existing subsections

renumbered. 717-722 So. 2d XXVII (West Miss. Cases 1998).

Effective January 1, 1995, Rule 46 replaced Miss.Sup.Ct.R. 46, embracing proceedings

in the Court of Appeals. 644-647 So. 2d LXXXVI-XC (West Miss. Cases 1994).

Effective October 29, 1992, Rule 46(c) was amended to state that an attorney must have

the Court’s approval to withdraw from representation before the Supreme Court. 603-605 So.

2d XLVIII-XLIX (West Miss. Cases 1992)

Comment

Rule 46 is based on Fed. R. App. P. 46(c) and the former rules of the Supreme Court.

If the verified application required by Rule 46(b)(5) for admission pro hac vice is filed in a

trial court or administrative agency, the application should be included in the record on

appeal. In such cases, it is not necessary to file a separate application in the Supreme Court.

Withdrawal from a criminal case is governed additionally by Rule 6 of these Rules. The

Supreme Court has general disciplinary authority over attorneys practicing in this State. See

Miss. Code Ann. § 73-3-301 (Supp.1994). Rule 46(d) recognizes the Court's power to impose

sanctions for frivolous pleadings. Cf. M.R.C.P. 11 (sanctions in trial court).

Major amendments to Rule 46(b) were adopted by order entered effective January 16,

2003 made to Rule 46(b). By the terms of the order adopting those amendments, Rule 46(b)

as adopted applies to verified applications for leave to appear pro hac vice filed on or after

March 1, 2003. Under the 2003 amendments, the Clerk of the Supreme Court was responsible

for filing and serving a statement indicating all causes or other matters in which the foreign

attorney previously requested leave to appear as counsel pro hac vice and the date and

disposition of each request

46(b)

as adopted applies to verified applications for leave to appear pro hac vice filed on or after

March 1, 2003. Under the 2003 amendments, the Clerk of the Supreme Court was responsible

for filing and serving a statement indicating all causes or other matters in which the foreign

attorney previously requested leave to appear as counsel pro hac vice and the date and

disposition of each request. By further amendment effective May 27, 2004, Rule 46(b)(5) was

redrafted and now requires the attorney to obtain, file and serve the Clerk’s statement with the

verified application.

By the 2003 amendments, Rule 46(b)(1) broadens the previous definition of

“appearance,” and clarifies the definition of “general practice of law.” “Appearance” now

includes filing or appearing on “any pleading or other paper filed or served” in the cause or

matter, “appearing personally before a court or administrative agency,” and “participating in

a deposition or other proceeding in which testimony is given.”

“General practice of law” is now defined to include appearance as counsel pro hac vice

by a foreign attorney in more than five (5) separate and unrelated causes or other matters

before the courts or administrative agencies of this state within the 12 months immediately

preceding the appearance in question. Consequently, a foreign attorney may not appear as

counsel pro hac vice in more than five separate unrelated cases or other matters within any

12 month period, even if representation is terminated, or appear in more than five pending

cases or other matters, regardless of when the appearance commenced.

As amended in 2003, Rule 46(b)(4) departs from prior practice and now requires that

associated local counsel personally appear and participate in all depositions or other

more than five separate unrelated cases or other matters within any

12 month period, even if representation is terminated, or appear in more than five pending

cases or other matters, regardless of when the appearance commenced.

As amended in 2003, Rule 46(b)(4) departs from prior practice and now requires that

associated local counsel personally appear and participate in all depositions or other

proceedings in which testimony is given in this state, in addition to all trials, pretrial

conferences, hearings other proceedings conducted in open court. The local attorney may be

specifically excused by the judge from attending proceedings other than trials.

The purpose of Rule 46(f) is to permit and encourage attorneys who do not engage in

the active practice of law in Mississippi to provide legal representation to persons who cannot

afford private legal services. Under certain circumstances, inactive members of the

Mississippi Bar as defined by Miss. Code Ann. § 73-3-120(b) and members of bars in other

states may provide pro bono legal services in the State of Mississippi. Attorneys over the age

of seventy-five (75) who qualify as active members of the Mississippi Bar even if not engaged

in the active practice of law are also encouraged to provide pro bono legal representation.

Rule 46(f)(1)(i) provides that a pro bono publicus attorney will provide free legal

services under the supervision of a qualified legal services provider. This means that the legal

services provider shall bear ultimate responsibility for the services provided under this rule.

[Comment amended effective January 16, 2003; amended effective May 27, 2004, to place

the responsibility of obtaining, filing and serving the statement of the Clerk of the Supreme

Court with the foreign attorney seeking leave to appear pro hac vice; amended effective

October 18, 2007; amended effective August 2, 2012.]