H. BEAM, JUSTICE
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.
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.
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.
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.
6.01 ATTORNEY MUST BE RETAINED
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.
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.
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.
practice of employing different attorneys, at the will of the
fiduciary will not be tolerated.
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. ...