Mississippi 2023 Regular Session

Mississippi Senate Bill SB2382

Introduced
1/16/23  
Refer
1/16/23  
Engrossed
2/1/23  
Refer
2/7/23  
Enrolled
4/5/23  

Caption

Out-of-state lawyers; disclosure required in certain advertisements if not licensed to practice law in Mississippi.

Impact

The enactment of SB2382 impacts existing state laws concerning legal advertising and consumer protection. Specifically, it amends the Mississippi Code of 1972, creating Section 73-3-38 and modifying Section 75-24-5 to align with the new disclosure requirements. By instituting these rules, the bill aims to deter out-of-state lawyers from misleading Mississippi residents about their qualifications, which could lead to exploitation or fraud. Effectively, this legislation establishes a clear framework for legal advertisements and contributes to the regulation of legal practices in the state.

Summary

Senate Bill 2382 introduces a legal requirement for out-of-state attorneys who are not licensed to practice law in Mississippi to include specific disclaimers in their advertisements. The bill mandates that any advertisement for legal services by such attorneys must clearly state that the person featured is not licensed to practice law in Mississippi. This requirement applies to visual advertisements, such as billboards and television spots, ensuring that the disclaimer is both conspicuous in size and duration, effectively informing potential clients of the attorney's licensing status. This law is intended to enhance consumer protection and prevent misleading practices in legal advertising.

Sentiment

The sentiment around SB2382 appears largely supportive among lawmakers and legal professionals who recognize the need for consumer protection in legal services. Proponents argue that the disclosure requirement is a necessary step to ensure transparency and maintain ethical advertising standards. However, there are concerns voiced by some members of the legal community regarding the potential negative impact on the ability of out-of-state attorneys to advertise in Mississippi, which could be viewed as a restriction on their business activities.

Contention

While the bill has garnered general support, notable points of contention have arisen surrounding the implications of imposing such advertising restrictions. Critics question whether the new requirements may disproportionately affect attorneys from neighboring states who may wish to serve Mississippi clients. They argue that this could limit access to legal representation for residents, especially in specialized areas of law where local options might not be available. The balance between protecting consumers and ensuring fair competition in the legal marketplace is an ongoing debate within the legislative discussions surrounding this bill.

Companion Bills

No companion bills found.

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