Board of Bar Commissioners Adopts Formal Ethics Opinion 261

On June 21, 2018, the Board of Bar Commissioners adopted Formal Ethics Opinion 261 regarding ghostwriting.   The Opinion finds ghostwriting permissible under the limited scope provisions of Rule 1.2 of the Mississippi Rules of Professional Conduct.  The Opinion also finds that a lawyer engaged in limited scope representation who has not entered a general appearance in a matter is not required by Rule 8.4 of the Mississippi Rules of Professional Conduct to indicate on a pleading that he or she prepared the pleading or that the pleading was prepared by a lawyer.  However, the Opinion cautions that a lawyer cannot utilize the limited scope representation to actively and substantially participate in a matter without disclosure.  A copy of the Opinion can be found here.