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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When a Tennessee lawyer provides limited scope (unbundled) representation to a self-represented client in a court case, must the lawyer file a notice of the limited representation with the court?
Formal Ethics Opinion 2025-F-172, since withdrawn by the Board, stated that a Tennessee lawyer providing limited scope representation to an otherwise unrepresented party before a tribunal must file an…
What precautions must a Tennessee firm take when it employs a lawyer admitted elsewhere whose Tennessee admission application is still pending?
The opinion concluded that, while a foreign lawyer's admission application is pending before the Tennessee Board of Law Examiners, the lawyer must work only under the direct supervision of a licensed …
Can a lawyer secretly listen, over a speakerphone or other device, to a conversation between the lawyer's own client and the adverse party, without the adverse party's knowledge or consent?
No. The opinion held that an attorney who listens in on a conversation between the client and the adverse party by speakerphone or any other indirect mechanical or electronic device, without the adver…
Does an attorney advertising admiralty and Jones Act injury services, along with other workers' compensation matters, need the audible or visual disclaimer required for advertising a field of practice?
The opinion held that the audible and visual disclaimer of Disciplinary Rule 2-101(C) is required for any advertisement, including one covering Jones Act matters, where the attorney's practice is not …
Can an attorney send direct-mail letters to every homeowner facing foreclosure, and can an attorney mail CPAs asking them to refer tax clients?
The opinion held there is no impropriety in direct-mail advertising sent to every defaulting mortgagor whose home is advertised for foreclosure, though the specific letter's claim of experience to pro…
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…
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 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…
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…
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…
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 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…
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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.