Mississippi Code
Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law
§ 73-3-353. Personal incapacity; representation by counsel; guardian

In proceedings under Sections 73-3-347 through 73-3-365, the attorney shall be entitled to representation by counsel. An attorney who has been declared mentally incompetent, judicially, or who has been committed, judicially, to an institution for the treatment of the mentally ill shall be defended by his legally appointed guardian or guardian ad litem, if any; if a guardian or guardian ad litem has not been appointed, the chief justice, on certification by the board of commissioners, shall appoint a guardian ad litem. The same procedure shall apply to an attorney who has asserted his incompetence, or whose incompetence to defend becomes apparent during the proceedings. In all cases, counsel previously selected by the attorney will be appointed guardian ad litem, absent clear and compelling reasons to the contrary.

Structure Mississippi Code

Mississippi Code

Title 73 - Professions and Vocations

Chapter 3 - Attorneys at Law

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

§ 73-3-305. Composition of disciplinary agencies; employment of complaint counsel and other employees

§ 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

§ 73-3-317. Complaint counsel; investigatory hearings; report of testimony and findings; response by accused attorney

§ 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

§ 73-3-331. Complaint tribunal; effect of judgment of suspension or disbarment; appeal as supersedeas

§ 73-3-333. Resignation by accused attorney during course of disciplinary proceedings; procedure; effect; section provides exclusive method

§ 73-3-335. Modification or termination of suspension

§ 73-3-337. Reinstatement

§ 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

§ 73-3-357. Personal incapacity; sufficiency, as evidence, of court order of incompetence or commitment

§ 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