Legal Representation in Proceedings & Matters Before the Commission

The representation of one other than himself or herself before the Commission is considered the practice of law, and is, therefore, subject to the laws and rules regarding the practice of law in this State. Miss. Code Ann. Section 71-3-63(3). It is unlawful for anyone not duly licensed as an attorney by the State of Mississippi to practice law in this State. Miss. Code Ann. Section 73-3-55. When filing or presenting any pleadings to the Commission, including settlement documents (3rd party settlement, compromise settlement), all parties to the matter in question, other than the Claimant, must be represented by an attorney licensed to practice law in the State of MS. Under our law, only a claimant can proceed without legal representation. This means that adjusters or other non-attorney representatives of parties to a claim cannot execute settlement documents, motions, responses, answers, or other legal pleadings, and file them with the Commission. However, the filing of standard, administrative reporting forms like the B-3, B-18, B-31, medical reports, etc. which are required by the Law and/or Commission Rules, which are not considered legal pleadings, and the submission of which is in no way intended as an act of legal representation, still can be filed by adjusters or other non-attorney representatives.

Settlements: In all claims being presented for approval of a settlement, the petition or motion for approval of same must be executed in accordance with the above. Also, the proposed order approving the settlement must be signed by all parties, including the claimant if he or she is proceeding pro se.

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