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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If an out-of-state lawyer works remotely as full-time in-house counsel for a company based in Tennessee, must the lawyer register as in-house counsel or is that the unauthorized practice of law?
Formal Ethics Opinion 2022-F-168 holds that an out-of-state-licensed lawyer who works remotely as in-house counsel for a company with a presence in Tennessee is not engaged in the unauthorized practic…
What may a lawyer licensed in another state do in Tennessee while waiting to be admitted to the Tennessee bar?
Formal Ethics Opinion 2012-F-91(c), since vacated by the Board, concluded that a lawyer licensed elsewhere and applying for Tennessee admission by comity or examination generally may not commence law …
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…
Can a Tennessee lawyer be employed by a nonlawyer company that markets and sells living-trust packages to the public, reviewing the trusts the company prepares?
Formal Ethics Opinion 96-F-139 concluded that a lawyer's participation in the described living-trust company would violate the former Code of Professional Responsibility. If the company's or its agent…
Can an insurance company use its own salaried in-house lawyers to represent and defend the company's individual insureds?
Vacated. As originally issued, Formal Ethics Opinion 93-F-132 concluded it was improper for in-house attorney employees of an insurance company to represent individual insureds in matters arising unde…
Is divorce mediation the practice of law, and can a lawyer co-mediate a divorce with a non-lawyer?
Formal Ethics Opinion 90-F-124, reconsidering and clarifying 83-F-39 and 85-F-98, concluded that divorce mediation is not the practice of law provided the mediator separates legal advice and services …
Can a law firm let a non-lawyer use the firm's mailing address and have firm staff answer a separate phone line listed in the non-lawyer's name?
The opinion held there was no impropriety in the arrangement because the non-lawyer would not be engaged in the unauthorized practice of law, so the firm's clerical accommodation (forwarding mail addr…
Can a Tennessee lawyer serve as a volunteer Peacemaker on a panel for a nonprofit Christian conciliation service without it being the unauthorized or improper practice of law?
The opinion held that the proposed Christian conciliation program does not constitute the practice of law because the volunteer lawyers on its panels give no legal advice and represent no party, so th…
Can an attorney let a paralegal or other non-lawyer employee answer the docket call in open court on the attorney's behalf?
No. The opinion held that answering a docket call on another's behalf is acting in a representative capacity before a tribunal, which Tennessee statute and the Board's prior opinion treat as the pract…
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 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 …
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 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…
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 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…
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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.