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BILLY R. GIBSON v. MISSISSIPPI STATE BAR

SEPTEMBER 28, 1988

BILLY R. GIBSON
v.
MISSISSIPPI STATE BAR



EN BANC

ANDERSON, JUSTICE, FOR THE COURT:

Billy R. Gibson and the Calhoun County Bar Association, petitioners, seek the reinstatement of Billy R. Gibson as an attorney in good standing in the Mississippi State Bar pursuant to Rule 25 and Rule 12.4 of the Rules of Discipline of the Mississippi State Bar and applicable sections of the Mississippi Code. Such authority to reinstate a disbarred attorney upon conditions rests in this Court. Phillips v. Mississippi State Bar, 427 So.2d 1380 (Miss. 1983).

I.

 Gibson was suspended from the practice of law on July 12, 1985, for six months, and then transferred to disability inactive status due to a mental illness and excessive consumption of alcoholic beverages. The Tribunal found that Gibson:

 1. engaged in illegal conduct involving moral turpitude, dishonesty, fraud, deceit and misrepresentation, conduct prejudicial to the administration of justice, and conduct adversely reflecting on his fitness to practice law;

 2. withdrew from employment without notifying or taking the necessary steps to avoid prejudice to his client;

 3. guaranteed financial assistance for expenses not payable by the client;

 5. failed to carry out a contract of employment; and

 6. violated his oath as an attorney by failing to demean himself with all good fidelity to his client.

 II.

 Gibson alleges: (1) that his manic depressive disorder is treatable; and (2) he now is receiving competent care and has effectuated a complete recovery from his problems. Letters of recommendations from his ex-wife, physicians, friends and attorneys, and a biographical data are attached to Gibson's petition.

 III.

 An answer was filed by legal counsel for the Mississippi State Bar agreeing in the correctness of the facts of Gibson's suspension and subsequent transfer to disability, inactive status; but asserting that it lacked sufficient information to admit or deny the allegations of his rehabilitation, and therefore denying the same, the State Bar suggested certain affirmative matters and requested the appointment of a Master Tribunal to hear and consider the issues of reinstatement.

 Rule 12 of the Rules of Discipline for the Mississippi State Bar adopted September 7, 1983, effective from and after January 1, 1984, controls the procedure of this request. ...


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