Last week, during my Neshoba County Fair speech, I mentioned that I was concerned about the Rules of Court. I said that I thought one of the problems we faced was that “The Rules have grown like kudzu and were suffocating our lawyers.” You may disagree with me, but I invite your comments.
The 1983 Mississippi Rules of Court book included:
- Rules of Civil Procedure;
- Uniform Chancery Rules;
- Uniform Circuit Rules;
- Uniform Criminal Rules of Circuit Court Practice;
- Rules of Supreme Court;
- Rules Governing Admission to the State Bar;
- Code of Professional Responsibility; and
- Rules of the Commission on Judicial Performance.
Today, we have 21 sets of Rules. I’ve been told that Supreme Court is planning to add the Mississippi Rules of Criminal Procedure this year. Also, the Court is considering a MRAP revision for Appellate Mediation.
In 1983, most Mississippi lawyers felt comfortable practicing in every State and Federal Court. Today, I don’t think that is true. I think the expansion of the Rules is the reason. Who wants to risk malpractice in chancery court if they don’t get the Rule 81 notice just right?
What are your thoughts?