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.
No Board of Professional Responsibility of the Supreme Court of Tennessee opinions match these filters
Try a different search term or clear the filters.
Did a Tennessee lawyer need the DR 2-101(C) specialization disclaimer to list three areas of practice in Martindale-Hubbell's biographical section?
No. The opinion held that Martindale-Hubbell's own proposed disclaimer language for its new fields-of-law listing feature substantially complied with DR 2-101(C), so there was no impropriety in a lawy…
Can a Tennessee lawyer team up with a financial brokerage firm so its agents refer clients to the lawyer for estate planning?
No. The opinion held that all three proposed arrangements, ranging from the lawyer being billed as a brokerage 'team member' to billing clients directly from his own office, use the brokerage firm as …
Can an in-house corporate attorney represent the corporation itself in court, and can that attorney also handle legal matters for the corporation's customers?
Yes for the corporation itself: an attorney employee may assist, advise, counsel, represent, or appear on behalf of the corporation in its own affairs, in or out of court. No for customers: corporate …
What must court-appointed counsel do when a competent capital murder defendant insists that counsel make no argument or take no action to oppose the death penalty?
Counsel must honor the competent defendant's Sixth Amendment right to control that choice, fully inform him of the conflict it creates with counsel's own ethical duties, and then move to withdraw from…
Can a Tennessee lawyer who is board certified as an immigration specialist by another state's bar cite that certification in advertising instead of the required specialty disclaimer?
No. Pending Tennessee's adoption of its own specialization rule, the opinion held a lawyer may not publish a listing of specific practice areas, even citing certification from another state's board (h…
Must a lawyer licensed only in Tennessee include the DR 2-101(C) specialty disclaimer when advertising in national publications for legal services to be performed in interstate commerce?
Yes. Because Tennessee's Code of Professional Responsibility is the controlling authority on the ethical conduct of attorneys licensed solely in Tennessee, the opinion held such an attorney must inclu…
May a Tennessee lawyer place client funds in an interest-bearing trust account, and is the lawyer ever required to do so?
Yes, a lawyer may place client funds in interest-bearing accounts so long as DR 9-102's other requirements are met; there is generally no duty to invest nominal or short-term client funds because admi…
Can a Tennessee lawyer lease office space from a corporate client and share the client's reception room and receptionist?
Yes. The opinion found no impropriety in leasing office space from a corporate client and sharing a common reception room and receptionist/typist, provided the physical layout makes clear when visitor…
Must a Tennessee lawyer report another lawyer's escrow-account misappropriation if doing so could hurt the lawyer's own client's chances of recovering the misappropriated funds?
Yes. The opinion held that the reporting lawyer is obligated to report the other attorney's ethics violation to maintain the integrity of the profession, even though the report might be detrimental to…
Can a lawyer join a trade exchange or barter group that charges a percentage fee on every transaction, without a trade broker or approval process for the trades?
No. The opinion concluded that an attorney is ethically prohibited from participating in a trade exchange association or barter group that charges a fee or membership charge on each transaction, becau…
Can a salaried FDIC staff attorney request a court-awarded attorney's fee, under a promissory note's fee clause, that exceeds the FDIC's actual salary and legal expense costs of collection?
No. The opinion held the FDIC staff attorney is ethically prohibited from requesting or permitting the court to award a fee in excess of the amount necessary to reimburse the FDIC for the actual salar…
Are a national bank's board members 'management' for the no-contact rule, so adverse counsel cannot interview them without the bank's lawyer's consent?
Yes. The opinion concluded that the directors of a national bank, given their fiduciary duties, management responsibilities, and access to confidential business information, fall within the management…
If a district attorney says he will call the defense attorney as a witness about a client's statements, can the attorney keep representing the client?
It turns on a legal question outside the Board's ethics jurisdiction: whether a court rules the client's statements privileged. If the court finds them privileged, the attorney may continue representi…
Can a lawyer who once defended an insurance company in a coverage claim later represent insureds suing that same company for policy benefits in a class action?
No. The opinion held it improper to represent several insureds in a class action against an insurance company for policy benefits after having represented that company ten years earlier in defending a…
Can three lawyers who share office overhead but are not partners call their practice 'Law Offices of A, B & C,' or 'A, B & C, An Association of Attorneys,' or designate each other 'Of Counsel'?
The opinion held 'Law Offices of A, B & C' improperly implies a partnership where none exists, that 'A, B & C, An Association of Attorneys' likewise required pairing with an additional 'Not a Partners…
Does a Tennessee lawyer need the DR 2-101(C) certification disclaimer when advertising flat prices for routine services like divorce, bankruptcy, or adoption?
No. The opinion held that publishing or advertising the prices at which routine legal services will be performed does not require the disclaimer provided for in DR 2-101(C), consistent with Ethical Co…
Can a Tennessee lawyer who is a vowed member of a communal religious order turn his legal fees over to the order, as the order's rules require?
No. The opinion held it improper for an attorney to share his legal fees with the communal religious order to which he belongs, even though all members are required to turn over outside income, becaus…
Can a county attorney defend criminal defendants when the sheriff or deputy sheriffs are prosecution witnesses, if the county walls the attorney off from any law-enforcement counseling role?
Yes, but only with strict walls in place. The opinion held the county's attorney may represent criminal defendants charged by law enforcement officers or employees of the county only if the attorney i…
Can a county attorney simultaneously represent the county and a county-created industrial development board on bond financing matters?
Yes, absent antagonistic interests. The opinion concluded that where no antagonistic interests exist between the county and the industrial development board, and nothing else impairs the attorney's in…
Could a Tennessee law firm mail brochures to clients and prospective clients without a request, and could lawyers or staff personally hand-deliver them?
Mail yes, hand-delivery no. The opinion, clarifying 83-F-49, concluded a firm could distribute or mail brochures to regular and prospective clients even without a request, provided DR 2-101(C) and DR …
When does a franchise-marketing company's in-house counsel cross into the unauthorized practice of law by preparing trademark, copyright, and franchise-disclosure documents for franchisor clients?
Only when it looks like legal work. The opinion concluded the described services (trademark and copyright applications, franchise disclosures, and state registrations) are not the practice of law if t…
Can a defendant's attorney offer a structured settlement without improperly participating in setting the plaintiff's attorney's contingency fee, and how should the plaintiff's attorney handle the fee when the settlement itself is structured?
Yes, a defendant's attorney offering structured settlement options does not improperly participate in setting the plaintiff's attorney's fee, because that fee is already fixed by the contingency agree…
Can a part-time county juvenile court judge represent the county school board in a funding lawsuit against the county commission that funds the court and the judge's salary?
No. The opinion concluded the judge, acting as a lawyer, was prohibited from bringing an action against the county commission on behalf of the school board, because the commission funds both the schoo…
Can a criminal defense lawyer represent a defendant prosecuted by the city police when the lawyer's associate is the city attorney?
No. The opinion concluded that the appearance-of-impropriety and vicarious-disqualification rules barred the attorney from representing a criminal defendant prosecuted by the city police when the atto…
Can a lawyer who defends the sheriff in a Section 1983 civil-rights suit also defend criminal cases in which the same deputies are prosecution witnesses?
It depends on the testimony. The opinion concluded that where the deputies' testimony in the two matters is disputed or conflicting so as to fetter the lawyer's judgment or loyalty, the lawyer may not…
Can a lawyer who witnessed a will's execution and signed an affidavit of no undue influence represent the primary beneficiary in defending the will's validity?
No. The opinion concluded that because the lawyer (and his secretary) ought to be called as witnesses on the testator's capacity and freedom from undue influence, Disciplinary Rule 5-101(B) barred the…
Does a district attorney who provides Title IV-D child support enforcement services form an attorney-client relationship with the public-assistance recipient, and can the DA later prosecute that recipient for welfare fraud?
No relationship, no bar. The opinion concluded that no attorney-client relationship exists between district attorneys providing child support enforcement services and the public-assistance recipient, …
Can a county's civil lawyer (delinquent-tax, budget, beer-permit work) also defend criminal cases prosecuted by county law enforcement?
It depends on the civil work. The opinion concluded there is no inherent impairment in representing the county on delinquent taxes, budget and fiscal matters unrelated to law enforcement, and capital …
Can in-house counsel for a group of affiliated companies do legal work for all the affiliates and let his employer bill each affiliate for his time?
Yes, with safeguards. The opinion concluded there is no per se violation in in-house counsel serving affiliated companies and having his employer allocate his salaried time to each affiliate, so long …
When a lawyer takes over another lawyer's client files, is there a confidential relationship between them, and must the new lawyer report ethical violations found in the files?
No special privilege; the reporting duty applies. The opinion concluded that no confidential relationship exists between attorneys merely because one takes over the files of another, and that DR 1-103…
Can a lawyer divide a contingency fee with co-counsel who was suspended from practice before the fee was paid, and can he employ a suspended attorney in a non-legal role?
Fee yes, employment no. The opinion concluded a lawyer may divide a fee with a suspended attorney based solely on the work performed and responsibility assumed before the suspension, with the client's…
Could a Tennessee law firm produce and distribute a brochure listing its practice areas and lawyer bios to clients and prospective clients on request?
Yes, with the disclaimer. The opinion concluded, under the rules as they stood in 1983, that a firm could produce and distribute a practice-areas brochure to regular or prospective clients on request,…
Are members of a bar association's lawyer-assistance committee excused from the duty to report ethical violations they learn about while helping an impaired attorney?
Vacated. As originally issued, the opinion concluded that officially elected members of the Nashville Bar Association's Alcohol and Drug Abuse Committee (Lawyers Concerned for Lawyers) were relieved o…
Can a lawyer appointed by the court to represent indigent criminal defendants hire or assign another lawyer to handle the appointed cases?
Yes, with the court's consent. The opinion concluded that a competent court-appointed lawyer should not seek to be excused from an indigent-defense appointment except for compelling reasons, but may d…
Can a plaintiff's lawyer interview a corporate defendant's non-management employees about the facts without the consent of the company's lawyer?
Yes, for rank-and-file employees. The opinion concluded that non-management, non-administrative employees of a corporate defendant are treated as witnesses, not parties, so DR 7-104(A)(1) does not bar…
Is it improper for a lawyer to tell the trial judge the amount of a rejected settlement offer before trial?
Yes. The opinion concluded that telling the judge the amount of a settlement offer, which is privileged, inadmissible compromise material, is conduct prejudicial to the administration of justice in vi…
Can a company's in-house lawyer perform legal services for the company's customers and let the company bill the customers for that work?
No. The opinion concluded that a corporation may use lawyer-employees for its own legal affairs but not to perform legal services for others, which would be the unauthorized practice of law; corporate…
Can a lawyer represent an associate in the associate's own lawsuit when the associate will testify about disputed facts?
Yes, where the matter is the associate's private business. The opinion concluded that DR 5-101(B), the lawyer-as-witness rule, was not intended to bar an attorney from representing an associate who is…
Does a court-appointed criminal defense lawyer have to give an indigent client a copy of the trial transcript and the appellate brief?
It depends on who has the copy. If the court reporter furnished the attorney a copy of the transcript, T.C.A. 40-14-312 makes it the indigent client's property and DR 9-102(B) requires the attorney to…
Can a County Attorney, or the County Attorney's law partner or associate, represent criminal defendants prosecuted by the County Sheriff and deputies?
No. The opinion concluded the appearance of impropriety in a County Attorney representing criminal defendants prosecuted by the same county's law enforcement officers cannot be waived by the public, s…
Could a Tennessee law firm operate under a trade name like 'The Right Lawyer, P.C.'?
No. The opinion concluded that the firm name 'The Right Lawyer, P.C.' was false and misleading and constituted a prohibited trade or assumed name under DR 2-102(B). The Board vacated this opinion on S…
Can a non-practicing lawyer go into business with a non-lawyer offering divorce mediation services to the public?
No. The opinion concluded that divorce mediation as described (helping spouses reach a non-adversarial agreement on property division, support, and custody) constitutes the practice of law, so a lawye…
Can a lawyer sue a corporation for personal-injury damages when the lawyer's associate is that corporation's registered agent for service of process?
No. The opinion concluded that the associate's continuing role as the corporation's registered agent creates differing, substantially related interests between the associate and the suing attorney, so…
Could a Tennessee lawyer name a firm 'X (City) Legal Clinic of Y. Z. (Attorney), P.C.'?
Yes, at the time. The opinion concluded that the firm name 'X (name of city) Legal Clinic of Y. Z. (name of Attorney), P.C.' was proper under DR 2-102(B) because it was not false, misleading, or an im…
Can a law firm partner also own and run a for-profit management-training company, and if so, what rules apply to it?
Yes, but the training business is law-related, so the partner and the entire firm must follow the Code of Professional Responsibility in operating it. The opinion held the partner may incorporate as s…
Can a Tennessee lawyer give client information to an outside accountant or computer tax service hired to help prepare the client's tax return?
Only with the client's informed consent. The opinion concluded an attorney may use an accountant or computer tax service to prepare a client's return only if the attorney, recognizing the records may …
Can a local bar association conduct a poll rating judicial candidates and let member attorneys vote anonymously, without violating Tennessee's signed-political-material statute?
Yes. The opinion concluded T.C.A. 2-19-120, which requires signed political circulars or advertisements, does not apply to anonymous individual votes in a bar poll; the statute targets anonymous campa…
What interest rate and time-price differential caps apply to a Tennessee lawyer's credit card and delinquent-account plans under the Board's guidelines?
The opinion amended two numeric caps set in Formal Ethics Opinion 82-F-28: the time-price differential on credit card plans could not exceed the rate specified in T.C.A. 47-11-104, and the maximum eff…
Can law firm partners who also own a real estate closing business locate that business in the same building as the law firm?
The Code does not categorically prohibit it, but the opinion concluded the separation between the two offices must be sincere and complete, with no shared stationery, cards, announcements, or names on…
Can a lawyer who sat as a Special Juvenile Judge and personally assessed court costs later bring a class action to recover those same costs as wrongfully assessed?
No. The opinion concluded that DR 9-101(A), which bars a lawyer from accepting employment in a matter on whose merits the lawyer acted in a judicial capacity, prohibits the attorney from bringing the …
If a husband and wife are both lawyers but practice at different, unaffiliated firms, can their firms represent opposing parties against each other?
Generally yes, adopting ABA Formal Opinion 340. The opinion concluded that no disciplinary rule categorically bars husband-and-wife lawyers who practice at different firms from representing opposing i…
Can a collections attorney deposit earned legal fees into an interest-bearing trust account and remit the accumulated excess interest to the clients?
No. The opinion concluded that remitting excess interest earned on an attorney's own fees to the client is an improper division of the attorney's fee with the client, and that the Code's requirements …
Can Disciplinary Counsel interview a respondent attorney's spouse, secretary, or law partner about a misconduct complaint without the respondent's knowledge or consent?
Yes, but only conducted honestly. The opinion concluded Disciplinary Counsel may interview a respondent attorney's spouse, secretary, clerk, investigator, employee, partner, or associate, with or with…
Under what conditions could a Tennessee lawyer accept credit card payment for legal fees and charge interest on accounts more than 30 days delinquent?
Under detailed conditions, since superseded. The opinion concluded there is no impropriety in a credit card plan or in charging interest on accounts over 30 days delinquent, provided conditions were m…
Can a lawyer defending a contractor sued by the State of Tennessee interview non-management state employees, including the State architect, without going through the Attorney General's office?
Yes. The opinion concluded DR 7-104's ban on communicating with an adverse party known to be represented by counsel does not apply to communications with an employee of the State where the State alone…
Can a Tennessee lawyer accept a contingent fee in a domestic relations case?
Accepting a contingent fee in a domestic relations case, standing alone, does not warrant discipline, but the opinion concluded such arrangements are rarely justified because of the human relationship…
Can a legal services law office give client identifying information, like Social Security numbers and demographics, to the government agency that funds the office?
Only with the client's informed written consent. The opinion concluded that client identifying details such as Social Security number, address, date of birth, sex, race, and referral source are secret…
Can an attorney who is not competent to handle criminal cases accept a court appointment to represent an indigent criminal defendant?
No. The opinion concluded that an attorney who is not competent to handle criminal cases should respectfully decline appointment by the court to such cases, because Disciplinary Rule 6-101(A)(1) barre…
Can a firm whose member serves as City Attorney defend a person the City Police Department is prosecuting in Criminal Court?
No. The opinion concluded it is improper for a firm to defend a person prosecuted by the City Police Department when a firm member serves as City Attorney and is available to advise the police departm…
Can a Tennessee lawyer send a pre-suit demand letter, with a copy of a proposed complaint, or an excess-liability letter to an insurer, before the adverse party is represented?
Yes, in good faith. The opinion concluded there is no impropriety in sending a demand letter stating the facts, legal theories, and a proposed complaint, or an excess letter to the insurer noting a se…
Browse Board of Professional Responsibility of the Supreme Court of Tennessee opinions by topic
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.