Board Notes Newsletter Spring 2015
The Board is pleased to announce the release of the newest issue of Board Notes (Spring 2015).
The Board is pleased to announce the release of the newest issue of Board Notes (Spring 2015).
The Board of Professional Responsibility's Tennessee Attorney's Trust Account Handbook is now available.
On September 11, 2015, the Board of Professional Responsibility issued Formal Ethics Opinion 2015-F-159 responding to the question, "May an attorney ethically store confidential client information or material in “the cloud”?
The Board has issued the 37th Annual Report representing Fiscal Year 2017/2018 which provides a summarized overview of activities throughout the year.
The Supreme Court of Tennessee entered two Orders on March 24, 2015, appointing and reappointing Hearing Committee Members for the
On March 31, 2015, the Supreme Court of Tennessee entered an Order amending Tenn. Sup. Ct. Rule 9, Sections 10.10 and 10.2, providing a voluntary funding mechanism for attorneys to contribute to access to justice programs when renewing their annual registration with the Board of Professional Responsibility. Read more…
The Tennessee Supreme Court has upheld the decision by a hearing panel of the Board of Professional Responsibility to suspend Anderson County lawyer Yarboro Sallee’s law license for one year. The Court held that the sanction was appropriate in light of the multiple ethical violations Ms. Sallee committed.
In 2010, Ms. Sallee was hired to file a wrongful death action arising out of the death of the clients’ daughter. They agreed to pay her an hourly rate,
The latest issue of Board Notes, Spring 2016, is now available. Board Notes is a semi-annual publication of the Board of Professional Responsibility which offers information to Tennessee attorneys and judges such as recently-issued Formal Ethics Opinions; Supreme Court Rule amendments; information about Board members and Hearing Committee Members; and recent Disciplinary Actions.
On October 6, 2015, the Tennessee Supreme Court entered an Order amending Tenn. Sup. Ct. R. 9, § 5.4(c) regarding the confidentiality of attorneys’ ethics inquiries to the Board of Professional Responsibility and the Board’s responses to those inquiries. This newly-amended section now reads as follows*:
“An advisory ethics opinion may be issued by Disciplinary Counsel orally when there is readily available precedent.&
Criminal defendants account for nearly 50% of complaints filed by the 3,800 legal consumers who contact the Board’s Consumer Assistance Program (CAP) each year. The practical pointers included in this article are taken directly from complaints received. The primary ethical rule involved is given before each section of practical pointers
Amended Formal Ethics Opinion 2015-F-160(a) "Client Files"
The Board of Professional Responsibility has been requested to issue a Formal Ethics Opinion as guidance for lawyers regarding the lawyer's responsibility with regard to client files. Click here to read Formal Ethics Opinion 2015-F-160.
The Board extends thanks to retiring Board members Michael Callaway, Margaret Craddock, and Wade Davies for their recent service to the Board. The Board would also like to welcome newly-appointed Board members Ruth Ellis, Tyreece Miller, and Bridget Willhite (click here for Order Appointing New Board Members).
By Order filed February 1, 2016, the Court solicited public comments on a proposed amendment to Rule 9, Section 22 of the Rules of the Tennessee Supreme Court to further clarify discipliknary measures when an attorney received judicial diversion for a criminal offense. By Order filed May 9, 2016, the Court adopted an amendment to Rule 9, Section 22, adding an additional subsection, 22.7, as set out in the attached Appendix.
The Tennessee Department of Revenue would like to remind all licensed professionals about the June 1 due date of the professional privilege tax. The $400 professional privilege tax is an annual tax imposed on certain professionals who hold an active license or registration on the June 1 due date, regardless of whether the person practices his or her profession in Tennessee.
For a list of professionals subject to the professional privilege tax, visit http://www
The Tennessee Lawyers Assistance Program (TLAP), the Board of Professional Responsibility, the Tennessee Board of Law Examiners and the Tennessee Commission on Continuing Legal Education have partnered to publish this Special Edition Board Notes. The focus of this newsletter is the recently released study by the American Bar Association/Hazelden Betty Ford Foundation on substance use and other mental health concerns among American attorneys. We are hopeful this study and the relat
The Board of Professional Responsibility’s 2017 Ethics Workshop was held November 3, 2017 at the Nashville School of Law. Featured topics at the workshop included ethics in criminal law; "Raising Cain in and with the Court;" social media and professionalism; trust accounting; an attorney's competent use of technology; everyday ethical dilemmas; and Tennessee Lawyers Assistance Program (TLAP). The registration fee for 6.5 hours of dual CLE credit w
On July 11, 2016, the Tennessee Bar Association filed a peition asking the Court to amend Rule 8 of the Rules of the Tennessee Supreme Court. In summary, the TBA proposed to amend selected portion sof Rule 8 in light of similar revisions to the American Bar Association's Model Rules of Professional Conduct that were adopted by the ABA's House of Delegates in August, 2012. In addition, the TBA also proposed a number of housekeeping amendments to Rule 8. On August 18, 2016, the Court en
The Spring 2017 issue of Board Notes, the Board of Professional Responsibility's semi-annual newsletter is now available.
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The Board of Professional Responsibility was requested by the State of Tennessee Bureau of Workers’ Compensation Department of Labor and Workforce Development to issue a Formal Ethics Opinion regarding the extent to which an ombudsman attorney may provide “limited legal advice” within the meaning of Tenn. Code Ann. Section 50-6-216(e)(3) which provides that “[a]n ombudsman who is not a licensed attorney shall not provide legal advice however, an ombudsman who is a lice
Amendment to Rule 19 – Appearance Pro Hac Vice
On January 25, 2017, the Supreme Court of Tennessee entered an Order amending Rule 19 to eliminate a potential conflict between Rule 19 and Rule 7, section 5.01(g)(8). Read Order.
On August 30, 2017, the Tennessee Supreme Court entered an Order granting the Board’s Petition to Amend Tennessee Supreme Court Rule 9, Sec. 32.1, which clarifies that hearings are open to the public unless subject to a protective order.
The Spring 2018 issue of Board Notes is now available.
Tennessee's Proactive Management-Based Regulation is a voluntary program created to help lawyers with their professional development. It is designed to mitigate risk, elevate competence, and enhance the quality of legal services delivered to clients. It gives you the chance to see what is working and what could be improved when it comes to law firm management and meeting professional oblig
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