R. Gov. Admi. Miss. Bar. 6

As amended through October 31, 2024

Section 6 - Standards for Disqualification of Applicant

The Committee shall recommend that the applicant not be admitted to practice law in Mississippi if, in the judgment of the Committee, the applicant has exhibited conduct substantially evidencing an inclination:

A. To be dishonest;

B. To take unfair advantage of others;

C. To be disloyal to those to whom loyalty is legally owed;

D. To be irresponsible in business or professional matters;

E. To support or advocate the overthrow of the government of the United States by force;

F. To unlawfully engage in the practice of law while not being so licensed;

G. To violate reasonable rules of conduct governing any activity in which applicant has been engaged;

H. To fail to exercise substantial self-control, including excessive and continuing violation of traffic rules, the improper use of drugs, and the excessive use of alcohol;

I. To be mentally or emotionally unstable to the extent that applicant is not suited for the practice of law.

Every person who has been or shall hereafter be convicted of a felony, in a court of this or any state or a court of the United States, manslaughter or a violation of the Internal Revenue Code excepted, shall be incapable of obtaining a license to practice law.

Conviction for manslaughter or a felony violation of the Internal Revenue Code or commission of acts constituting felonious conduct not resulting in a conviction or the conviction of a misdemeanor involving moral turpitude may constitute grounds for denial of an application for admission to practice.

The commission of acts while a juvenile which, if done by an adult, would be the equivalent of such crimes shall be grounds for recommending that applicant be denied the right to practice law, unless special circumstances in the opinion of the Committee excuse the applicant.

A final decision having the legal effect of acquitting an applicant of an alleged offense shall not affect the right of the Committee to consider the alleged conduct, unless the decision is directly on the merits and necessarily negates any immoral or unethical conduct.

The doing of any act which would be a crime except as excused by mental condition may be considered as a ground for recommending denial of the application.

Provocation, if established to the satisfaction of the Committee, may be considered as excusing some types of improper conduct, such as minor batteries and other actions indicating a temporary loss of self-control.

Any conduct of a kind which has been considered by the Supreme Court of Mississippi as ground for suspension or revocation of the right to practice law may be considered as sufficient to recommend denial of an application for admission. If an applicant has at any time committed acts or offenses not constituting a felony or misdemeanor, which would have been grounds for disbarment of a practicing attorney, such applicant shall be required to meet the same standards as a disbarred attorney would be required to meet for readmission in order for the Committee to make a favorable recommendation.

The Committee shall consider whether or not the past conduct of the applicant is likely to be repeated in the future and whether the applicant's past conduct evidences applicant's character and fitness to practice law. If applicant is found to have engaged in conduct which at that time would have constituted grounds for an unfavorable recommendation, then applicant must affirmatively show that his character has been rehabilitated and that such inclination or instability is unlikely to recur in the future. The mere fact that there has been no repeat of any such conduct or other conduct evidencing unfitness to practice law shall not in and of itself be sufficient to constitute rehabilitation or proof of good character.

The following conduct, while not proper, will not in and of itself be considered as indicating a lack of moral or ethical qualification:

1. Traffic violations unless involving substantial disregard of the rights of others or evidencing substantial or continuing lack of self-discipline;

2. Conduct involving domestic relations unless under circumstances indicating violation of criminal law or disregard of moral obligations under circumstances where no reasonable provocation exists;

3. Conduct in the nature of horseplay;

4. Misconduct remote in time unless felonious in nature or recently repeated in similar acts.

R. Gov. Admi. Miss. Bar. 6

Effective 11/1/1991.