flag of tennessee2024 Tennessee Code Unannotated

Title 23 Attorneys-at-law

Chapter 1 Qualification and Admission to Practice
§ 23-1-101. Board of law examiners.
  1. (a) A state board of law examiners is created, to consist of not more than five (5) members of the state bar, who shall be appointed from time to time by the supreme court, and shall hold office.
  2. (b)
    1. (1) The compensation of each member of the board shall be fixed by the administrative director of the courts, with the approval of the chief justice of the supreme court, and shall include travel expenses.
    2. (2) All reimbursement for travel expenses shall be pursuant to policies and guidelines promulgated by the supreme court.
    3. (3) From the receipts from fees, the board shall pay its compensation and expenses, and any excess of receipts over disbursements shall be paid over to the state treasurer for the use of the state; it being the purpose that the board and its administration shall not be a charge upon, or an expense to the state, that compensation and expenses shall come only from the board's income, and that any excess of income over compensation and expenses shall go into the state treasury.
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§ 23-1-103. Examination of applicants.
  1. There shall be an examination of persons applying for a license to practice as attorneys and counselors at law at the cities of Knoxville, Nashville, and Memphis, respectively, and at such other places and times as the supreme court may direct. The supreme court shall prescribe rules to regulate the admission of persons to practice law and provide for a uniform system of examinations that will govern and control admission to practice law and to regulate the board in the performance of its duties.
§ 23-1-104. Certification and admission of successful applicants.
  1. (a) The board of law examiners shall certify to the supreme court the names of all applicants who have passed the required examination and who are determined by the board to be of full age and of such reputation and character as to be likely to contribute to upholding the high standards of the legal profession.
  2. (b) Upon certification, if the supreme court finds that the person is of full age and good moral character and otherwise qualified, it shall enter an order licensing and admitting the person to practice as an attorney, solicitor and counselor in all the courts of the state, which license, if procured by fraud, may be revoked at any time within two (2) years.
§ 23-1-105. Admission on foreign license.
  1. The supreme court may make provisions, rules and regulations it deems proper for the admission of persons who have been licensed to practice law in other states or countries.
§ 23-1-106. Fees — Accounting.
  1. Every person, at the time of applying for examination, shall pay a fee as specified by the rules of the supreme court, and the supreme court is authorized to delegate the fixing of the fees to the board of law examiners. The board shall render to the secretary of state an annual account of receipts and disbursements on December 31 of each year.
§ 23-1-107. Women admitted to practice.
  1. Any women eighteen (18) years of age or older and otherwise possessing the necessary qualifications, may be granted a license to practice law in the courts of this state.
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§ 23-1-108. License and compliance with Tennessee Supreme Court Rule 6 required — Exception.
  1. No person shall practice law in this state without first receiving a license issued by the Tennessee supreme court and complying with Tennessee Supreme Court Rule 6 concerning admission to the practice of law, except that nothing in this section precludes the pro hac vice admission of persons licensed in other jurisdictions in accordance with Tennessee Supreme Court Rule 19.
§ 23-1-109. Party acting as own attorney.
  1. Any person may conduct and manage the person's own case in any court of this state.
Chapter 2 Rights and Duties
§ 23-2-101. Counsel assigned to paupers.
  1. At the return term of the process, the court may appoint counsel for the plaintiff in actions prosecuted in the manner prescribed for paupers, and also for the defendant, if the defendant makes an oath that, owing to the defendant's poverty, the defendant cannot employ counsel.
§ 23-2-102. Lien on right of action.
  1. Attorneys and solicitors of record who begin a suit shall have a lien upon the plaintiff's or complainant's right of action from the date of the filing of the suit.
§ 23-2-103. Lien on action begun before employment.
  1. Any attorney or solicitor who is employed to prosecute a suit that has already been brought in any court of record shall have a lien upon the plaintiff's right of action from the date of the attorney's or solicitor's employment in the case; provided, that the record of the case shall first be made to show such employment by notice upon the rule docket of such court, by a written memorandum filed with the papers in the case or by notice served upon the defendant in the case.
§ 23-2-104. Power of attorney to execute papers.
  1. An attorney or solicitor has power to execute, in the name of the attorney's or solicitor's client, all bonds or other papers necessary and proper for the prosecution of the suit at any stage of its progress.
§ 23-2-105. Service of subpoenas.
  1. (a) Notwithstanding any other law or rule of court to the contrary, an attorney licensed to practice law in this state or the attorney's agent shall be authorized to serve subpoenas on witnesses in any civil or criminal case if service is effectuated in accordance with subsection (b) and if the attorney or any member of the attorney's firm is involved in the case for which the subpoenas are issued.
  2. (b) In order for service under this section to be effective, the name of both the attorney and the attorney's agent, if any, shall be written on the subpoena and both persons shall sign the subpoena. The subpoena shall be served in person by either the attorney or the agent whose name appears on the subpoena, and the person effectuating service shall file with the issuing clerk an affidavit of return stating that the subpoena was served, the identity of the person served and the date, place and manner of service. An agent may serve a subpoena under this section only if the agent is eighteen (18) years of age or older. The attorney shall be responsible for the actions of the attorney's agent serving the subpoena in accordance with generally accepted principles of agency law.
§ 23-2-106. Tennessee attorney as counsel overseas — Foreign counsel in state.
  1. (a) Any attorney duly licensed to practice law in this state may serve as counsel overseas for the purpose of providing counsel and opinions on Tennessee law.
  2. (b)
    1. (1) Any foreign attorney duly licensed to practice law in the attorney's country may serve as counsel in this state for the purpose of providing counsel and opinions on that foreign country's law.
    2. (2) If the foreign counsel wants to appear in court, that attorney must then comply with Tenn. Sup. Ct. R. 19.
Chapter 3 Unauthorized Practice and Improper Conduct
§ 23-3-101. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Law business” means the advising or counseling for valuable consideration of any person as to any secular law, the drawing or the procuring of or assisting in the drawing for valuable consideration of any paper, document or instrument affecting or relating to secular rights, the doing of any act for valuable consideration in a representative capacity, obtaining or tending to secure for any person any property or property rights whatsoever, or the soliciting of clients directly or indirectly to provide such services;
    2. (2) “Person” means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized; and
    3. (3) “Practice of law” means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective before any court, commissioner, referee or any body, board, committee or commission constituted by law or having authority to settle controversies, or the soliciting of clients directly or indirectly to provide such services.
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§ 23-3-102. Public officers prohibited from practicing.
  1. Judges and chancellors are prohibited from practicing law in any of the courts of this state. A newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge or chancellor's practice, ceasing to practice as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming office. The clerks of the several courts and their deputies are also prohibited from practicing in their own courts, or in any causes commenced, brought to or carried from their courts, or commenced in any court from which an appeal lies to their court. Sheriffs and other executive officers shall not practice law in the county for which they were elected, or in any cause, originating or pending in the courts of that county. With the exception of judges, chancellors and justices, nothing in this section or any other law shall be construed to prohibit employees of the executive and judicial branches of the government of this state who are licensed to practice law in this state from voluntarily providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program.
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§ 23-3-103. Unlawful practice prohibited — Penalty.
  1. (a) No person shall engage in the practice of law or do law business, or both, as defined in § 23-3-101, unless the person has been duly licensed and while the person's license is in full force and effect, nor shall any association or corporation engage in the practice of the law or do law business, or both. However, nonresident attorneys associated with attorneys in this state in any case pending in this state who do not practice regularly in this state shall be allowed, as a matter of courtesy, to appear in the case in which they may be thus employed without procuring a license, if properly authorized in accordance with applicable rules of court, and when introduced to the court by a member in good standing of the Tennessee bar, if all the courts of the resident state of the nonresident attorney grant a similar courtesy to attorneys licensed in this state.
  2. (b) Any person who violates the prohibition in subsection (a) commits a Class A misdemeanor.
  3. (c)
    1. (1) The attorney general and reporter may bring an action in the name of the state to restrain by temporary restraining order, temporary injunction or permanent injunction any violation of this chapter; to obtain a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per violation, and to obtain restitution for any person who has suffered an ascertainable loss by reason of the violation of this chapter. The attorney general and reporter shall be entitled to be reimbursed for the reasonable costs and expenses of investigation and prosecution of acts under this chapter, including, but not limited to, reasonable attorney fees as well as expert and other witness fees.
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    2. (2) The action may be brought in a court of competent jurisdiction:
      1. (A) In the county where the alleged violation took place or is about to take place;
      2. (B) In the county in which the defendant resides, has a principal place of business or conducts, transacts or has conducted business; or
      3. (C) If the defendant cannot be found in any of the locations in subdivisions (c)(2)(A) and (B), in the county in which the defendant can be found.
    3. (3) The courts are authorized to issue orders and injunctions to restrain, prevent and remedy violations of this chapter, and the orders and injunctions shall be issued without bond.
    4. (4) Any knowing violation of the terms of an injunction or order issued pursuant to this chapter shall be punishable by a civil penalty of not more than twenty thousand dollars ($20,000) per violation, in addition to any other appropriate relief.
  4. (d)
    1. (1) Any organized bar association of a municipality, county, except any county having a metropolitan form of government, or multi-county region in which a violation occurs may bring a civil action seeking relief, as provided in this chapter, against any person that violates this chapter. Any organized statewide bar association, primarily representing plaintiff attorneys and having no locally-based affiliate associations, may bring a civil action in the municipality or county in which a violation occurs seeking relief, as provided in this chapter, against any person that violates this chapter. Upon the commencement of any action brought under this section by any bar association, the bar association shall provide a copy of the complaint or other initial pleading to the attorney general and reporter, who, in the public interest, may intervene and prosecute the action. The pleadings shall be provided to the attorney general and reporter simultaneously with the initial service to the defendant or defendants. Additionally, all subsequent filings shall be provided to the attorney general and reporter, including any judgments or notices of appeal by the initiating bar association.
    2. (2) Any bar association bringing suit under this section is presumed to be acting in good faith and is granted a qualified immunity for the suit and the consequences of the suit. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the suit was brought for a malicious purpose.
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§ 23-3-104. Unlawful division of fees — Penalties.
  1. (a) Except as provided in the Tennessee rules of professional conduct, it is unlawful for any licensed attorney in the state to divide any fees or compensation received in the practice of law or in doing law business with any person not a licensed attorney.
  2. (b) A violation of this section is a Class C misdemeanor.
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§ 23-3-105. Privileged communications.
  1. No attorney, solicitor or counselor shall be permitted, in giving testimony against a client or person who consulted the attorney, solicitor or counselor professionally, to disclose any communication made to the attorney, solicitor or counselor as such by such person during the pendency of the suit, before or afterward, to the person's injury.
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§ 23-3-106. Testimony as to interests transferred pending action.
  1. No attorney, solicitor or other person, under the pretext of having transferred an interest in real estate, obligations for the performance of contracts or notes for money, during the pendency of any suit at law, shall be permitted to give testimony in favor of those who held a joint interest with the attorney, solicitor or other person at the commencement of such suits, or by which the attorney, solicitor or other person would be released from any liability to perform contracts or pay money.
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§ 23-3-107. Penalty for improper testimony.
  1. Any attorney offering to give testimony in any of the cases provided for in §§ 23-3-105 and 23-3-106 shall be rejected by the court, and the attorney commits a Class C misdemeanor, for which, on conviction, the attorney shall also be stricken from the rolls, if a practicing attorney.
§ 23-3-108. Falsely representing self as a lawyer.
  1. (a) It is unlawful for any person, either directly or indirectly, falsely to advertise the person as, or hold the person out as, a lawyer.
  2. (b) A violation of this section is a Class E felony.
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§ 23-3-109. Advertised fee as basis for court award for services.
  1. Notwithstanding any the law to the contrary, whenever an attorney advertises a fee for a legal service, the advertisement shall be prima facie evidence of the reasonableness of the fee; and no court shall award a fee in excess of the advertised amount unless the attorney proves additional compensation is reasonable under the facts and circumstances of the legal service provided.
§ 23-3-111. Delinquency in student loan repayment — Exception for medical hardship.
  1. The supreme court is encouraged to establish guidelines to suspend, deny or revoke the license of an attorney who is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in § 63-1-141(a) or when the attorney has failed to enter into a payment plan or comply with a payment plan previously approved by TSAC or a guarantee agency. The supreme court is further encouraged to establish guidelines that would not suspend, deny, or revoke the license of an attorney if the default or delinquency is the result of a medical hardship that prevented the person from working in the person's licensed field and the medical hardship significantly contributed to the default or delinquency.
§ 23-3-112. Action to recover damages for loss as a result of unlawful action or conduct.
  1. (a)
    1. (1) Any person who suffers a loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated, as a result of an action or conduct by any person that is declared to be unlawful under § 23-3-103, § 23-3-104 or § 23-3-108, may bring an action to recover an amount equal to the sum of treble any actual damages sustained by the person and treble any amount paid by the person, and may be afforded such other relief as the court considers necessary and proper.
    2. (2) The action may be brought in a court of competent jurisdiction in the county where the alleged acts or conduct took place or is taking place, in the county in which the defendant resides, has a principal place of business, conducts, transacts or has transacted business, or, if the defendant cannot be found in any of those locations, the action may be brought in the county in which the defendant can be found.
    3. (3) If the court finds that the defendant knowingly or willfully engaged in unlawful acts or conduct under § 23-3-103, § 23-3-104 or § 23-3-108, the court may award treble the actual damages sustained and treble the amount paid, and may provide such other relief as it considers necessary and proper.
    4. (4)
      1. (A) Any person who has been affected by an act or conduct declared to be a violation of § 23-3-103, § 23-3-104 or § 23-3-108 may accept any written reasonable offer of settlement made by the person or persons considered to have violated this chapter; provided, that the tender of acceptance of a settlement offer shall not abate any proceeding commenced by the attorney general and reporter under this chapter.
      2. (B) The settlement may be set aside by a court of competent jurisdiction at the request of the affected person, if the request is made within one (1) year from the date of the settlement agreement and if the court finds the settlement to be unreasonable. If the person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable.
    5. (5) Any permanent injunction, judgment or final court order made pursuant to § 23-3-103(c)(1) that has not been complied with shall be prima facie evidence of the violation of this chapter in any action brought pursuant to this section.
    6. (6) Upon a finding by the court that a provision of § 23-3-103, § 23-3-104 or §  23-3-108 has been violated, the person bringing the action shall be entitled to be reimbursed for the reasonable costs and expenses of investigation and prosecution of acts under this chapter, including, but not limited to, reasonable attorney fees, as well as expert and other witness fees.
  2. (b) This section shall not apply to an action initiated by the attorney general and reporter, any district attorney general or bar association as defined in § 23-3-103(d).
  3. (c)
    1. (1) Upon the commencement of any action brought under this section, the plaintiff shall mail a copy of the complaint or other initial pleading to the attorney general and reporter, who, in the public interest, may intervene in the case. If the attorney general and reporter does not intervene, the plaintiff shall mail a copy of the judgment, order or decree to the attorney general and reporter upon the entry of any judgment, order or decree in the action.
    2. (2) If a party to an action under this section appeals a judgment, order or decree concluding this action, a copy of the notice of appeal shall be served by the appellant upon the attorney general and reporter, who, in the public interest, may intervene on appeal.
  4. (d) Any private action commenced pursuant to this section shall be brought within three (3) years from the person's discovery of the unlawful act or conduct.
§ 23-3-113. Practice before administrative boards and agencies excepted.
  1. The enforcement provisions of this chapter shall not apply to any person while practicing before state administrative boards and agencies who is authorized by statute to practice and act in a representative capacity before the state or local administrative boards and agencies.
Chapter 4 Lawyers' Assistance Programs
§ 23-4-101. Civil immunity.
  1. A person who in good faith reports information or takes action in connection with a lawyers' assistance program, or a person who receives information in connection with a lawyers' assistance program, is immune from civil liability for reporting the information, taking the action or taking no action; provided, that the person has acted in good faith and without malice.
§ 23-4-102. Presumption of good faith.
  1. A member of a lawyers' assistance program, or person reporting information to a lawyers' assistance program, is presumed to have acted in good faith and without malice. A person alleging lack of good faith has the burden of proving bad faith and malice.
§ 23-4-103. Persons entitled to immunity.
  1. The civil immunity provided in this chapter shall be liberally construed to accomplish the purposes of this chapter. The persons entitled to immunity under this chapter include:
    1. (1) A lawyers assistance program approved by the Tennessee supreme court that provides assistance to attorneys suspected of having an impaired ability to practice law because of abuse of alcohol or other drugs, or because of any other physical or mental infirmity causing impairment;
    2. (2) A member, employee or agent of the program, association or nonprofit corporation; and
    3. (3) A person who reports or provides information concerning an impaired professional, including, but not limited to, persons designated to monitor or supervise the course of treatment or rehabilitation of an impaired professional.
§ 23-4-104. Information subject to attorney-client privilege.
  1. All information, in any form whatsoever, furnished to the lawyers' assistance program shall be a privileged communication and shall be governed by the laws pertaining to the attorney-client privilege.
§ 23-4-105. Confidentiality of records, proceedings and communications.
  1. The records, proceedings and all communications of any lawyers' assistance program shall be deemed confidential and shall not be available for court subpoena. This section shall not prevent the subpoena of business records that are otherwise available through subpoena. Such records are not to be construed as privileged merely because they have been provided to a lawyers' assistance committee.