Board of Professional Responsibility of the Supreme Court of Tennessee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Board of Professional Responsibility of the Supreme Court of Tennessee, with full citations and source links on every page.
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Can an attorney who is under contract to prosecute paternity cases for the state also accept court appointments to defend indigent putative fathers in other paternity cases?
Generally yes, with safeguards, as originally decided. The opinion concluded there is no inherent conflict of interest barring the arrangement per se, but Canon 5 required the attorney to explain the …
Can a firm whose lawyer serves as the County Beer Board's attorney also represent private clients before other, unrelated county boards like the Board of Zoning Appeals?
Yes. The opinion concluded that a firm whose lawyer prepares minutes for, litigates appeals for, and advises the County Beer Board is not barred by Formal Ethics Opinion 81-F-4 from representing indiv…
Can an attorney who settled a landlord's lease dispute with a tenant later sue that same tenant on the landlord's insurer's subrogation claim arising from the same fire?
No. The opinion concluded that an attorney who defended a building owner in a tenant's suit over fire damage, and negotiated the settlement that resolved it, could not later represent the owner's insu…
If a lawyer who has been prosecuting personal injury cases joins a defense firm that is defending those same cases, is the new firm disqualified even if the lawyer takes no part in the cases?
Yes, as originally decided. The opinion concluded that when an attorney who had been prosecuting seven personal injury and workmen's compensation cases joined the defense firm handling those same case…
Did Formal Ethics Opinion 80-F-1 condemn all structured settlements, or just settlement offers that let the defense fix the plaintiff's attorney fee?
Just the fee-fixing arrangement. The Board clarified that Opinion 80-F-1's statement calling structured-settlement fee interests inherently conducive to divided loyalties was not intended to condemn a…
If a lawyer serves as a county's attorney, can the lawyer's firm represent land developers, contractors, or other private clients whose matters come before the county?
No, generally. Adopting the New Jersey Rule from In Re: A. & B. and In Re: Dolan, the opinion concluded a firm whose member serves as county attorney is disqualified from representing land developers …
Can a Tennessee lawyer act as an agent for a title insurance company and be paid for it while also representing clients whose title the company insures?
Yes, with disclosure and consent. Adopting ABA Formal Opinion 331, the Board concluded it is not a per se violation of the Code for an attorney to act as agent for a title company and receive compensa…
Can a plaintiff's attorney accept a defense settlement offer that is structured so the opposing insurance carrier effectively fixes what the attorney's fee will be?
No, as originally decided. The opinion concluded that where a defendant's insurance carrier offered settlement packages that fixed the attorney's cash fee at a flat amount regardless of how the remain…
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Legal ethics opinions from the Board of Professional Responsibility of the Supreme Court of Tennessee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.