Mississippi Code

Miss. Code Ann. § 73-3-55 (2026)

Unlawful to practice law without license; certain abstract companies may certify titles

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It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43. Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law. This section shall not, however, prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.

Codes, 1906, § 230; Hemingway's 1917, § 207; 1930, § 3710; 1942, § 8682; Laws, 1926, ch. 257; reenacted and amended, Laws, 1983, ch. 457, § 13; reenacted, Laws, 1991, ch. 560, § 13; reenacted without change, Laws, 1999, ch. 372, § 14; reenacted without change, Laws, 2003, ch. 524, § 13; reenacted without change, Laws, 2006, ch. 471, § 13, eff. 7/1/2006.

Notes of Decisions

Cited in 15 cases, 1989–2019 · leading case: In Re Est. of Dabney, 740 So. 2d 915 (Miss. 1999).

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In Re Est. of Dabney, 740 So. 2d 915 (Miss. 1999). · cites it 4× “The Contestant argues that Leo Boolos was not competent because he was engaging in the illegal practice of law, prohibited by Miss.Code Ann. § 73-3-55 (1995), by preparing the will for Mrs.”

Est. of St. Martin v. Hixson, 145 So. 3d 1124 (Miss. 2014). · cites it 2× “Miss.Code Ann. § 73-3-55 (Rev.2012). . See Darby v.”

James William Pope v. Mississippi Real Est. Comm'n, 872 F.2d 127 (5th Cir. 1989). · cites it 2× “Miss.Code Ann. 73-3-55; Darby v. Mississippi State Bd.”

Holland v. Mayfield, 826 So. 2d 664 (Miss. 1999). · cites it 2× “Miss.Code Ann. § 73-3-55 (1995) outlaws the practice of law without a license.”

Terrell v. Tschirn, 656 So. 2d 1150 (Miss. 1995). “Miss. Code Ann. § 73-3-55 (1989). We might as well do away with all our licensure requirements if this Court is going to allow Tschirn, Sr.”

Ralph Arnold Smith, Jr v. Hickman, Goza & Spragins, PLLC, 265 So. 3d 139 (Miss. 2019). “Miss. Code Ann. § 73-3-55 (Rev. 2012). It provides that "[a]ny person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this…”

Palihawadange Fernando v. Martha Gay Weaver Sapukotana, 179 So. 3d 1105 (Miss. 2015). “Miss.Code Ann. § 73-3-55 (Rev.2012); see In re Conservatorship of Riebel, 625 N.”

In Re Reinstatement of Parsons, 890 So. 2d 40 (Miss. 2003). “Such activities are not problematical because the unauthorized practice of law statute, Miss.Code Ann. § 73-3-55 (2000 & Supp.2002), excepts from the definition work performed for one's self or "in which he may own an interest.”

David H. Dabney v. Freddie D. Hataway (Miss. 1998). · cites it 4× “The Contestant argues that Leo Boolos was not competent because he was engaging in the illegal practice of law, prohibited by Miss. Code Ann. § 73-3-55 (1995) , by preparing the will for Mrs.”

James R. Forbes v. St. Martin, Mahoney & Assocs. (Miss. 2009). · cites it 2× “The record is void of any evidence of St. Martin and Forbes ever interfaced [sic] on the case in Mississippi and cannot be assumed to hold otherwise.”

Liberty Ins. Corp. v. Anthony Lee Tutor (Miss. Ct. App. 2019). “On 22 See Miss. Code Ann. § 73-3-55 (Rev. 2008) (prohibiting the unlicensed practice of law).”

Jerry L. Scafidel v. State of Mississippi (Miss. 1993). · cites it 2× “SULLIVAN, PRESIDING JUSTICE, FOR THE COURT: Jerry Scafidel was charged with practicing law without a license in violation of Miss. Code Ann. § 73-3-55 in a criminal affidavit filed on September 2, 1992.”

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