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 a Tennessee firm form an interstate partnership operating under a trade name and share a building with a title company it is affiliated with?
Formal Ethics Opinion 2017-F-164 concludes that interstate law firm partnerships are permitted if they comply with the Tennessee Rules, may use a trade name if it complies with RPC 7.1 and 7.5, and ma…
What may a Tennessee firm's out-of-state lawyer do while awaiting Tennessee admission, including non-court 'law business' like drafting documents?
Vacated. As originally issued, Formal Ethics Opinion 2002-F-91(b) updated the Board's guidance on employing lawyers admitted elsewhere while their Tennessee admission was pending: their names could ap…
Can a Tennessee firm employ a lawyer licensed in another state who is awaiting Tennessee admission, and list that lawyer on its letterhead?
Vacated. As originally issued, Formal Ethics Opinion 2002-F-91(a) concluded that a firm could employ a lawyer admitted elsewhere while the lawyer's Tennessee admission application was pending; the law…
What exact phrase may a Tennessee lawyer who is an approved Rule 31 mediator use on letterhead to describe that status?
Formal Ethics Opinion 98-F-142(a) amends 98-F-142. It reaches the same analysis (a Rule 31 mediator may note that status on letterhead, and 'Approved Rule 31 Mediator' may be misleading because it doe…
Can a lawyer who is an approved Tennessee Rule 31 mediator advertise that status on the firm letterhead, and in what words?
Formal Ethics Opinion 98-F-142 concluded that a lawyer who is an approved Rule 31 mediator may state that on letterhead, but that 'Approved Rule 31 Mediator' may be misleading because it does not say …
Can a practicing lawyer who also serves as a mediator or arbitrator list both roles on letterhead, an office sign, or a business card?
Formal Ethics Opinion 93-F-131 concluded that serving as an impartial arbitrator, mediator, or other ADR neutral is not engaging in 'another profession or business' within DR 2-102(E), so a lawyer eng…
Can a Tennessee law firm produce a brochure with lawyer biographies, photographs, and a firm logo for clients and prospective clients?
The opinion held there is no impropriety in producing and distributing a brochure describing the firm's practice areas, lawyer backgrounds, and photographs, including a firm logo using the firm's init…
Does a law firm using the phrase 'An Association of Attorneys' after its members' names need to add a further disclaimer like 'Not a Partnership'?
No. The opinion held that 'An Association of Attorneys' is by itself a proper way to identify the members of a non-partnership law firm and no additional disclaimer is required, vacating the contrary …
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…
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,…
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…
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 Tennessee law firm produce and hand out a manual about the firm, covering its policies, facilities, fees, and attorney biographies, with no advertising disclaimer?
No, not as proposed. The opinion concluded that the proposed firm manual, distributed to clients and prospective clients with no disclaimer and no restriction on further distribution, did not fall wit…
Can one lawyer become a partner in two separate law firms in different cities, with his name added to both firm names, while each firm keeps its own separate operations and fee-splitting formula?
Yes, generally. The opinion concluded there is no impropriety in a lawyer becoming a partner and practicing attorney in two separate professional firms in different cities, with his name added to both…
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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.