Mississippi Code
Miss. Code Ann. § 73-51-1 (2026)
Injunction to prohibit unlicensed practice of profession
✓ current as of July 2026
- (1) An action for an injunction may be brought and maintained in the name of any state board authorized to hold examinations and grant licenses to practice any profession to enjoin and prohibit any person from the practice of any profession required to be licensed by said board, when such person is practicing said profession and has not been granted a license therefor.
- (2) Notwithstanding the provisions of subsection (1) of this section, the board of bar admissions shall not be authorized to bring or maintain actions to enjoin or prohibit any person from engaging in the unauthorized practice of law, and all complaints and notices which the board of bar admissions may receive concerning the unauthorized practice of law shall be immediately delivered to the board of commissioners of the Mississippi State Bar, or its executive director, and such board is hereby authorized to bring and maintain all such actions to enjoin and prohibit the unauthorized practice of law without the necessity of proving irreparable injury or establishing that there is no adequate remedy at law. The provisions of this subsection shall not be construed to affect any actions or proceedings commenced prior to July 1, 1983.
Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3; Laws, 1983, ch. 457, § 16, eff. 7/1/1983.
Notes of Decisions
Cited in 7
cases, 1978–2014 · leading case: Est. of St. Martin v. Hixson, 145 So. 3d 1124 (Miss. 2014).
Est. of St. Martin v. Hixson, 145 So. 3d 1124 (Miss. 2014). “Martin the right to appear, possibly cite him for contempt, and refer the matter to the disciplinary counsel of the Mississippi Bar for appropriate action under Mississippi Code Section 73-51-1. 32 Nothing in Rule 46 or Section 73-51-1 gives rise to a civil cause of action, and…”
Norville v. Miss. State Med. Ass'n, 364 So. 2d 1084 (Miss. 1978). “The likely purpose of this was to require an official state investigation before such serious charges are leveled at a defendant.”
Mitchell v. Progressive Ins. Co., 965 So. 2d 679 (Miss. 2007). “The Mississippi Bar, or its designated representatives, shall have the right to take appropriate action to enforce the provisions of this rule under the provisions of Miss.Code Ann. § 73-51-1 (1989)." Miss. R.”
Weissenger Newberry, III v. State of Mississippi, 145 So. 3d 652 (Miss. 2014). “The Mississippi Bar, or its designated representatives, shall have the right to take appropriate action to enforce the provisions of this rule under the provisions of Miss. Code Ann. § 73-51-1 (1989). Miss. R.”
Miller v. Peeples, 456 F. Supp. 38 (N.D. Miss. 1978). “(1972) § 73-51-1 to seek an injunction preventing an unlicensed person from practicing law in the state.”
United States Ex Rel. Hughes v. Cook, 498 F. Supp. 784 (S.D. Miss. 1980). “Reliance by plaintiff upon Conway is misplaced: the licensing question there was raised by the state agency with exclusive licensing power (Code § 73-25-1); the State Board had express statutory power for the judicial proceeding (Code § 73-51-1); and at that time the failure to…”
Weissenger Newberry, III v. State of Mississippi (Miss. 2014). “The Mississippi Bar, or its designated representatives, shall have the right to take appropriate action to enforce the provisions of this rule under the provisions of Miss. Code Ann. § 73-51-1 (1989). Miss. R.”
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