Daly v. Mississippi Bar, 2011 Miss. LEXIS 37

Daly was suspended from the practice of law in Mississippi for three years by a complaint tribunal.
He sought reinstatement under Rule 12 of the Rules of Discipline; the Bar moved to dismiss.
The Court held Daly proven by clear and convincing evidence that he rehabilitated himself and is worthy of reinstatement, conditioned on passing the Mississippi Bar Examination (MBE).
The disciplinary matter arose from Daly’s handling of the Estate of Storey and related probate duties, including omissions and a lack of communication.
Daly previously was subject to a sixty-day suspension with conditions, including notifying clients and others; he filed a false affidavit regarding those notifications, a finding of at least gross negligence.
Daly complied with most conditions by submitting MPRE pass results and pursuing medical/psychiatric certifications; the Bar contested some LJAP-related approvals but the Court deemed Daly’s certifications acceptable and ordered the MBE be available to him.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Daly met jurisdictional reinstatement requirements	Daly argued he satisfied all five Benson requirements and related prerequisites.	Bar contends some elements were not met, including certain affidavits and approvals.	Yes; Daly fulfilled jurisdictional requirements overall after supplemental petitions clarified the misconduct.
Whether Daly complied with conditions precedent for reinstatement	Daly argues deficiencies were cured or excused, including medical certification approval.	Bar claims failure to file certain affidavits and to obtain LJAP-approved medical certifications.	Substantially satisfied; the Court deemed Daly’s medical certifications acceptable and waived the missing affidavit issue.
Whether Daly demonstrated rehabilitated conduct and moral character	Daly presented letters of recommendation, remorse, community ties, and ongoing legal education.	Bar emphasized past misconduct and LJAP dispute as potential indicia of unfitness.	Yes; Daly demonstrated clear and convincing rehabilitation and moral character.
Whether Daly must take and pass the MBE as a reinstatement condition	Daly requested waiver or permission to sit for the MBE.	Bar argued for the MBE as a condition imposed by the tribunal.	The Court ordered the Board to permit Daly to sit for the MBE as a reinstatement condition.

In re Prisock, 5 So.3d 319 (Miss.2008) (rehabilitation standard for reinstatement)
In re Baldwin, 890 So.2d 56 (Miss.2003) (exclusive jurisdiction over discipline and reinstatement)
In re Asher, 987 So.2d 954 (Miss.2008) (rehabilitation relevant to moral character)
In re Steele, 722 So.2d 662 (Miss.1998) (standard for reinstatement inquiry)
In re Benson, 890 So.2d 888 (Miss.2004) (five-jurisdictional requirements for reinstatement)
Wong v. The Mississippi Bar, 5 So.3d 369 (Miss.2008) (reinstatement after rehabilitation with multiple letters)
Hodges, 19 So.3d 656 (Miss.2009) (use of supplemental petitions in reinstatement context)