The Board of Professional Responsibility's Tennessee Attorney's Trust Account Handbook is now available. This handbook offers information and assistance on Opening, Managing and Closing a Trust Account; Unclaimed Funds; Fees; Recordkeeping; Reconciliation; Internal Controls; IOLTA (Interest On Lawyers' Trust Accounts) and Fraud.
Additionally, the Board regularly receives requests for assistance when attorneys and law firms have been the victims of scams, usually involving cashier's checks or certified funds. A review of the fraud section at page 69 of the handbook provides a description of the scam most commonly brought to the Board's attention which may help you recognize and avoid these scams.
Registration is now open for the Board's annual Ethics Workshop which will be held November 7, 2014, at Nashville School of Law. The course has been approved by the Tennessee Commission on Continuing Legal Education to offer 6.25 hours of dual CLE credit. Featured topics include confidentiality, criminal law issues, conflicts, reinstatements from disciplinary and administrative suspensions, and every-day ethical dilemmas. A copy of the agenda is available here. To download the registration form, click here. Instructions for completing the registration form are included on the form. Please note that the registration fee ($100.00) is non-refundable and your registration is not complete until your registration fee has been paid in full. For directions to the Nashville School of Law, please click here. For additional information please email firstname.lastname@example.org.
The Summer 2014 issue of Board Notes is now available. Board Notes is a semi-annual publication of the Board of Professional Responsibility offering a variety of information to Tennessee attorneys and judges.
On June 13, 2014, the Board of Professional Responsibility issued Formal Ethics Opinion 2014-F-158 responding to the question, "Can a lawyer who represented a testator refuse to honor a court order or subpoena to disclose, prior to the client's death, a Will or other testamentary document executed when the testator was competent on the basis that the document is protected against disclosure by the attorney-client privilege or confidentiality?" Read more...
The Board of Professional Responsibility's brief video on Trust Account Fundamentals.
The Board of Professional Responsibility regularly announces public disciplinary
actions and judgments taken by the Board and the Supreme Court of Tennessee and other
relevant information to the public and the legal community. For more
information click here.
Recent decisions by the Supreme Court of Tennessee of interest to Tennessee attorneys:
- Supreme Court affirms thirty-day suspension of Davidson County attorney continued... (September 3, 2014)
The Consumer Assistance Program (CAP) helps people with
questions or problems with their Tennessee lawyer. Many problems may be
resolved by providing information, contacting the lawyer, or informally
mediating the dispute.
When serious unethical conduct may be involved, complaints will be referred to
Disciplinary Counsel for consideration as to attorney discipline.