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Mississippi Workers' Compensation Legal Library


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Procedural Rule 2.12 Attorneys.

Upon satisfactory evidence of employment, attorneys shall be entitled to all information available to their respective clients, whether claimants or employers. Either party shall likewise be bound by the acts of his respective counsel until a revocation of employment is filed with the Commission.

A fee of not more than $200.00, or an aggregate of $200.00 in any one claim shall be considered consultation, and shall not be submitted to the Commission for approval. In all instances where a claimant's attorney's fees in any matter exceed $200.00, a fee agreed upon by the attorney and claimant shall be submitted to the Commission for approval per Miss. Code Ann. Section 71-3-63. Unless Claimant objects, the attorney's submission of an employment contract to the Commission and the Commission's acknowledgment of the contract shall constitute approval by the Commission of the parties'fee arrangement subject to the fee limits established by Miss. Code Ann. Section 71-3-63. Further, the allowable 25% attorney's fee in any proposed settlement containing the designation of funds for a Medicare Set-Aside arrangement (MSA) shall be calculated based only upon the amount of the settlement not proposed as funding the Medicare Set-Aside arrangement (MSA).

If medical benefits are awarded and indemnity benefits have been paid out or claimant no longer has access to indemnity benefits, the Commission may consider a claimant's attorney request for payment of attorney's fees on a quantum meruit basis.

An attorney who is not licensed in good standing to practice law in Mississippi, but who is

a. currently a member in good standing of the bar of another state, the District of Columbia, or other American jurisdiction and

b. who is of good moral character and familiar with the ethics, principles, practices, customs, and usages of the legal profession in this state,

may appear as counsel pro hac vice in a claim before the Commission, pursuant to the conditions set forth in the Mississippi Rules of Appellate Procedure (Rule 46).

This Rule shall be in force and effect on and after January 18, 2018.

Source: Miss. Code Ann. § 71-3-85.



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