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In re Uniform Chancery Court Rules

Supreme Court of Mississippi

November 7, 2019

IN RE: UNIFORM CHANCERY COURT RULES

          ORDER

          DAWN H. BEAM, JUSTICE

         Now before the en banc Court is the Petition to Amend Certain Rules of the Mississippi Uniform Chancery Court Rules (Motion No. 2019-3800), filed by the Mississippi Commission on Guardianships and Conservatorships.

         The Commission proposes amendments to Rules 6.01, 6.02, and 6.03 of the Uniform Chancery Court Rules. After due consideration, we find that the petition should be granted as set forth in the attached Exhibit A.

         IT IS THEREFORE ORDERED that the petition is granted. Rules 6.01, 6.02, and 6.03 are amended as set forth in the attached Exhibit A. The amendments shall be effective January 1, 2020.

         IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes of the Court and send a certified copy to Thomson Reuters for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court.

         SO ORDERED

         ALL JUSTICES AGREE.

         Exhibit A

         RULE 6.01 ATTORNEY MUST BE RETAINED

         (A) Every fiduciary must, unless he is licensed to practice law in Mississippi, retain an attorney or firm of attorneys to represent, advise and assist him provide representation, advice and assistance during the whole entire term of his office the fiduciary's appointment., (B) whose cCompensation will for the attorney shall be fixed or and approved by the Cchancellor.

         (C) When Once an attorney has once appeared entered an appearance for such a fiduciary, in any respect, he may the attorney shall be permitted to withdraw only with the consent of the Cchancellor, after with notice to the client and any adverse party as required by UCCR 1.08.

         (D) However, if he shall be or become An attorney who is negligent or unfaithful, in any respect, he may, with the consent of the Chancellor, be discharged by order of the court on motion of the fiduciary or on motion of the court.

         (E) The practice of employing different attorneys, at the will of the fiduciary will not be tolerated.

         (F) The chancellor may relieve a fiduciary of the obligation to retain an attorney in matters involving guardianship (of the person only), and in cases where the court finds that it will impose an undue or unnecessary financial burden on the ward's estate. ...


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