Bill Text: MS HB1574 | 2013 | Regular Session | Engrossed
Bill Title: Attorneys; allow courts to sanction out-of-state persons handling cases in MS & associated MS counsel.
Sponsorship: Slight Partisan Bill (Republican 4-2)
Status: (Failed) 2013-03-05 - Died In Committee [HB1574 Detail]
Download: Mississippi-2013-HB1574-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A
By: Representatives Baria, Bain, Baker, Horan, Lamar, Moak
House Bill 1574
(As Passed the House)
AN ACT TO AMEND SECTIONS 73-3-57, 73-3-59, 97-9-11 AND 97-9-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CHAMPERTY AND MAINTENANCE SHALL APPLY TO ATTORNEYS AND PERSONS FROM ALL STATES; TO PROVIDE THAT ATTORNEYS WHO ASSOCIATE ATTORNEYS OR OTHER PERSONS WHO VIOLATE THESE PROVISIONS SHALL BE SUBJECT TO THE SAME PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-3-57, Mississippi Code of 1972, is amended as follows:
73-3-57. It shall be unlawful for an attorney at law licensed in this or any other state, either before or after action brought, to promise, or give or offer to promise or give, a valuable consideration to any person as an inducement to placing, or in consideration of having placed in his hands, or in the hands of any partnership of which he is a member, a demand of any kind, for the purpose of bringing suit or making claim against another, or to employ a person to search for and procure clients to be brought to such attorney.
SECTION 2. Section 73-3-59, Mississippi Code of 1972, is amended as follows:
73-3-59. Any attorney at law licensed in this state who shall violate the provisions of the preceding section or who shall associate any attorney or other person who violates the provisions of the preceding section shall be guilty of a misdemeanor and shall be removed and disbarred from acting as an attorney at law, and any person who shall, before or after suit brought, receive or agree to receive from any attorney at law, compensation for services in seeking out or placing in the hands of an attorney a demand of any kind for suit or a compromise, shall be guilty of a misdemeanor. Any attorney licensed in another state who violates the provisions of the preceding section shall be guilty of a misdemeanor and punished as provided by law and such attorney shall also be barred from being licensed in this state or from being associated with any attorney in this state on any matter. An attorney in this state who associates an attorney from another state who violates this section shall be subject to the same penalties and sanctions as the attorney from another state who violates this section.
SECTION 3. Section 97-9-11, Mississippi Code of 1972, is amended as follows:
97-9-11. It shall be unlawful for any person, firm, partnership, corporation, group, organization, or association, either incorporated or unincorporated from this state or any other state, either before or after proceedings commenced: (a) to promise, give, or offer, or to conspire or agree to promise, give, or offer, (b) to receive or accept, or to agree or conspire to receive or accept, (c) to solicit, request, or donate, any money, bank note, bank check, chose in action, personal services, or any other personal or real property, or any other thing of value, or any other assistance as an inducement to any person to commence or to prosecute further, or for the purpose of assisting such person to commence or prosecute further, any proceeding in any court or before any administrative board or other agency, regardless of jurisdiction; provided, however, this section shall not be construed to prohibit the constitutional right of regular employment of any attorney at law or solicitor in chancery, for either a fixed fee or upon a contingent basis, to represent such person, firm, partnership, corporation, group, organization, or association before any court or administrative agency. An attorney or other person in this state who associates an attorney or other person from this or another state who violates this section shall be subject to the penalties provided in Section 97-9-13.
SECTION 4. Section 97-9-19, Mississippi Code of 1972, is amended as follows:
97-9-19. Every person or attorney licensed in this state or any other state who shall file a false affidavit shall be guilty of perjury and shall be punished as provided by law. Every attorney from this state or any other state who shall file a false affidavit, or who shall violate any other provision of Sections 97-9-11 through 97-9-23, upon final conviction thereof shall also be disbarred, by order of the court in which convicted. Any attorney who shall file a false affidavit, or violate any other provision of Sections 97-9-11 through 97-9-23, and who is not a member of the Mississippi Bar shall, in addition to the other penalties provided by Sections 97-9-11 through 97-9-23, be forever barred from practicing before any court or administrative agency of this state or being associated in any matter in this state.
SECTION 5. This act shall take effect and be in force from and after July 1, 2013.
