Summary
The Mississippi Supreme Court denied Thomas Eddy Parsons's petition for reinstatement to the practice of law. The Court held that evidence of unauthorized practice of law during disbarment is properly considered in reinstatement proceedings and concluded that Parsons's activities in and near his former family law firm demonstrated disregard for his disbarment. The Court adopted restrictions governing employment of disbarred attorneys as law clerks or paralegals and barred Parsons from filing another reinstatement petition for one year.
Holdings
- Unauthorized practice of law by a disbarred or suspended attorney is a proper matter to be investigated and considered in proceedings for reinstatement because it evidences disregard of and contempt for the order of disbarment or suspension.
- A disbarred or suspended attorney may work as a law clerk, investigator, paralegal, or other lay employee for a licensed attorney only under stringent restrictions: the work must be exclusively preparatory, performed under supervision, involve no direct or indirect client contact, and be wholly separated from the attorney's former practice, former firm, former partners or associates, and former-client files.
- Parsons's petition for reinstatement was denied because the evidence showed unauthorized practice of law and conduct inconsistent with the obligations imposed by disbarment.
Questions Presented
- Whether unauthorized practice of law by a disbarred attorney is a proper matter for consideration in proceedings seeking reinstatement.
- What restrictions apply when a disbarred or suspended attorney seeks employment as a law clerk, investigator, paralegal, or other lay employee of a licensed attorney.
- Whether Parsons demonstrated the rehabilitation and fitness required for reinstatement despite evidence that he performed legal work and maintained close ties with his former law practice.
Disposition
denied
Cases Cited (15)
- In re Petition for Reinstatement of Parsons, 849 So. 2d 852 (Miss. 2002)(followed procedurally)
- Mississippi Bar v. Parsons, 677 So. 2d 192 (Miss. 1996)(followed procedurally)
- In re Baker, 649 So. 2d 850 (Miss. 1995)(followed)
- In re Holleman, 826 So. 2d 1243 (Miss. 2002)(distinguished)
- Williams v. Mississippi State Bar Ass'n, 492 So. 2d 578 (Miss. 1986)(distinguished)
- In re Kraus, 295 Or. 743, 670 P.2d 1012 (1983)(followed in part)
- In re Kuta, 86 Ill. 2d 154, 56 Ill. Dec. 56, 427 N.E.2d 136 (1981)(distinguished)
- In re Wilkinson, 251 Kan. 546, 834 P.2d 1356 (1992)(followed)
- In re Mitchell, 901 F.2d 1179 (3d Cir. 1990)(followed in support)
- In re Mekler, 672 A.2d 23 (Del. 1995)(followed in support)
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Cited In (0)
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Court Document
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