In Miss. Bar v. Arledge, 987 2d. 953 (Miss. 2009), the Mississippi Supreme Court permanently disbarred a lawyer and sentenced him to seventy-eight (78) months in prison for entering into fee-splitting and referral-fee agreement to recruit clients.
The Mississippi Supreme Court affirmed the trial court’s decision that the lawyer knowingly employed a person to solicit clients and to supply false claims in order to receive a settlement in a mass tort claim. The lawyer’s actions were found to be conspiracy pursuant to 18 U.S.C. §371, mail fraud pursuant to 18 U.S.C. 1341, and wire fraud pursuant to 18 U.S.C. in the United States District Court of the Southern District of Mississippi.
Due to the nature of the crimes charged against the lawyer, the Mississippi State Bar Association filed for disbarment pursuant to Rule 6(a), (d) of the Mississippi Rules of Discipline. The crimes for which the lawyer was convicted and sentenced are among those contemplated by Rule 6. Furthermore, the attorney has completed the appeal process, and his convictions have been affirmed by the State Supreme Court of Mississippi. In accordance to Rule 6, the attorney must be disbarred and stricken from the rolls of those licensed to practice law in the State of Mississippi.
This case teaches the importance of a lawyer’s duty to act lawfully. In addition, it tells us that a lawyer can be punished by the court and by the State Bar Association.
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