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Miss. R. Prof'l Conduct 3.9

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Rule 3.9 Advocate in Nonadjudicative Proceedings

← Previous Rule 3.8: Special Responsibilities of a Prosecutor Next → Rule 4.1: Truthfulness in Statements to Others

Rule Text

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.

[Amended effective November 3, 2005 to adopt language: “legislative body or administrative agency” to replace prior text.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When a lawyer speaks to a lawmaking body or a government agency on behalf of a client, but the situation isn't a courtroom trial or hearing, the lawyer still has to follow certain basic honesty rules. First, the lawyer must clearly say they are there representing someone else, not speaking for themselves. This way, the lawmakers or officials know the lawyer has a client's interests in mind.

The lawyer also has to be honest and fair, similar to how they'd act in court. They can't lie to the legislative body or agency, can't hide important information they're required to share, and can't try to mislead anyone. They also can't destroy evidence, ask a client to hide or lose evidence, or take other unfair actions to help their case.

Finally, the lawyer has to treat everyone involved with respect. They can't try to improperly influence the people making decisions, such as through bribery or backdoor deals. This rule makes sure that even outside a courtroom, lawyers act honestly and fairly when they're speaking or acting on behalf of a client in front of government decision makers.

Committee Notes

Comment

In representation before bodies such as legislature, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues and advance argument in the matters under consideration. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body should deal with the tribunal honestly and in conformity with applicable rules of procedure.

Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this Rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.

This Rule does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency; representation in such a transaction is governed by Rules 4.1 through 4.4.

Code Comparison

EC 7-15 states that "A lawyer appearing before an administrative agency, regardless of the nature of the proceeding it is conducting, has the continuing duty to advance the cause of his client within the bounds of the law." EC 7-16 states that "When a lawyer appears in connection with proposed legislation, he ... should comply with applicable laws and regulations." EC 8-5 states that "Fraudulent, deceptive, or otherwise illegal conduct by a participant in a proceeding before a ... legislative body should never be participated in ... by lawyers." DR 7-106(B)(1) provides that "In presenting a matter to a tribunal, a lawyer shall disclose ... unless privileged or irrelevant, the identity of the clients he represents and of the persons who employed him."

TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

← Previous Rule 3.8: Special Responsibilities of a Prosecutor Next → Rule 4.1: Truthfulness in Statements to Others

Cross-References

References (1)

Miss. R. Prof'l Conduct Rule 3.3

Bluebook Citation

Miss. R. Prof'l Conduct 3.9

This Rule Set

View All Miss. R. Prof'l Conduct Rules

Last updated: September 2026

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