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Mississippi Code

Miss. Code Ann. § 73-3-337 (2024)

Reinstatement

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Upon the termination of the period of suspension, the convicted attorney may be reinstated by the court, pursuant to a petition filed with the court and a copy thereof served upon the Mississippi Bar. A filing fee of Two Hundred Fifty Dollars ($250.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of such petition. The Mississippi Bar shall investigate the matter and report all relevant facts for the consideration of the court.

Any time after the expiration of three (3) years from and after the date of the final judgment of disbarment, the convicted attorney may petition the court for reinstatement. The petition shall be in writing and verified by the petitioner, and it shall set forth the full name, age, residence and mailing address of the petitioner, the offense or misconduct for which he was disbarred, a concise statement of the facts claimed to justify restoration and that he has made full amends and restitution to all persons, firms or legal entities, naming them, who may have suffered pecuniary loss by reason of the misconduct or offense for which he was disbarred. A copy of said petition shall be served on the Mississippi Bar, and a filing fee of Five Hundred Dollars ($500.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition. Any petition for reinstatement subsequent to the initial petition shall not be filed by the convicted attorney within one (1) year from the date of the adverse determination of any prior petition.

The court shall examine the petition and, if satisfied that it states sufficient grounds, shall set the same for hearing and shall cause the clerk of the court to serve each person named in the petition with a copy thereof by sending the same to them by registered mail. If the court deems it necessary or proper to so do, it may cause an investigation to be made by complaint counsel.

If the court is satisfied that all material allegations of the petition for reinstatement are true and that the ends of justice will be served, the court may reinstate the convicted attorney and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar and may hear any party named in the petition.

The procedure for reinstating an attorney to practice law after suspension for being out of compliance with an order of support, as defined in Section 93-11-153, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

Laws, 1974, ch. 566, § 18; reenacted, Laws, 1983, ch. 302, § 43; Laws, 1991, ch. 526, § 46; reenacted, Laws, 1992, ch. 515, § 46; Laws, 1996, ch. 507, § 28, eff. 7/1/1996.

Notes of Decisions
Cited in 9 cases, 1986–1999 · leading case: Mississippi State Bar v. Gautier, 538 So. 2d 772 (Miss. 1989).
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Mississippi State Bar v. Gautier, 538 So. 2d 772 (Miss. 1989). · cites it 3× “The counter part of this rule is found in Miss. Code Ann. § 73-3-337 (Supp. 1987). Such authority to reinstate a disbarred attorney upon conditions rests in this Court.”
In re Smith, 758 So. 2d 396 (Miss. 1999). “* * * * The guidelines for reinstatement to the Mississippi State Bar are set forth in Miss.Code Ann. § 73-3-337 and in Rule 12 of the Rules of Discipline for the Mississippi Bar.”
Williams v. Mississippi State Bar Ass'n, 492 So. 2d 578 (Miss. 1986). “The requirements for reinstatement, as set out in Miss. Code Ann. § 73-3-337 (Supp. 1986), are that the petitioner provide "a concise statement of the facts claimed to justify restoration.”
Matter of Reinstatement to Practice Law of Baker, 649 So. 2d 850 (Miss. 1995). “00 investigatory fee required by Miss. Code Ann. § 73-3-337 ; (2) Baker never made full restitution to Fidelity and Deposit Company of Maryland; (3) Baker failed to answer interrogatories propounded to him by the Mississippi State Bar until the Supreme Court ordered him to do…”
Matter of Reinstatement to Practice Law of Underwood, 649 So. 2d 825 (Miss. 1995). “All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for suspension or disbarment, give the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct, the making…”
Matter of Pace, 699 So. 2d 593 (Miss. 1997). “* * * * * * The guidelines for reinstatement to the Mississippi State Bar are set forth in Miss. Code Ann. § 73-3-337 and in Rule 12 of the Rules of Discipline for the Mississippi Bar.”
In re Reinstatement of Tucker, 656 So. 2d 799 (Miss. 1995). “" Miss. Code Ann. § 73-3-337 (Supp. 1994) provides that this Court may reinstate the disbarred attorney if "the ends of justice will be served.”
Mississippi State Bar v. Nixon, 562 So. 2d 1288 (Miss. 1990). “This Suspension Order was entered pursuant to Miss. Code Ann. § 73-3-339 , (1972), which is the predecessor of Rule 6.”
In re the Reinstatement of Burgin, 654 So. 2d 40 (Miss. 1995). · cites it 3× “It states, inter alia: Upon the termination of the period of suspension, the convicted attorney may be reinstated by the court, pursuant to a petition filed with the court.”
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