For the purposes of Sections 73-3-347 through 73-3-365, the term "personally incapable‘ to practice law shall include: (a) suffering from mental or physical illness of such character as to render the person afflicted incapable of managing himself, his affairs or the affairs of others with the integrity and competence requisite for the proper practice of law; or (b) habitual use of alcoholic beverages or liquids of any alcoholic content, hallucinogens, sedatives, drugs, narcotics or other mentally or physically disabling substances of any character whatsoever to any extent which impairs or tends to impair the ability to conduct efficiently and properly the affairs undertaken for a client in the practice of law.
Structure Mississippi Code
Title 73 - Professions and Vocations
Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law
§ 73-3-301. Disciplinary jurisdiction
§ 73-3-303. Disciplinary agencies of court
§ 73-3-307. Powers of disciplinary agencies; contempt
§ 73-3-309. Committee on complaints; referral of complaints; formal requirement of complaints
§ 73-3-310. Duty of chancery and circuit courts to file complaints
§ 73-3-311. Committee on complaints; action to be taken upon receipt of complaint or charge
§ 73-3-313. Complaint counsel; investigations; notice and hearing to accused attorney
§ 73-3-315. Complaint counsel; rules governing investigatory hearings
§ 73-3-319. Committee on complaints; action to be taken upon receipt of complaint counsel's report
§ 73-3-323. Complaint tribunal; designation; per diem, mileage and necessary expenses
§ 73-3-325. Complaint tribunal; hearing; notice; rules
§ 73-3-335. Modification or termination of suspension
§ 73-3-339. Conviction or entry of plea of nolo contendere for certain offenses
§ 73-3-341. Disbarment or suspension in another jurisdiction
§ 73-3-343. Confidentiality of matters under investigation and proceedings; penalties
§ 73-3-345. Immunity from civil suit predicated on disciplinary proceedings
§ 73-3-347. Personal incapacity; meaning of term "personally incapable" to practice law
§ 73-3-349. Personal incapacity; suspension
§ 73-3-351. Personal incapacity; proceedings; circumstances showing existence of condition
§ 73-3-353. Personal incapacity; representation by counsel; guardian
§ 73-3-355. Personal incapacity; service on attorney who has been committed or declared incompetent
§ 73-3-359. Personal incapacity; mental examination and reports
§ 73-3-361. Personal incapacity; judgment of suspension by complaint tribunal
§ 73-3-363. Personal incapacity; appeal procedures
§ 73-3-365. Personal incapacity; reinstatement procedures
§ 73-3-367. Disciplinary agencies; authority to incur expenses
§ 73-3-369. Jurisdiction over nonresident attorneys; notice; service
§ 73-3-371. Plea of nolo contendere; consent order of suspension or disbarment
§ 73-3-373. Recognition of inherent power of judicial branch of government