1-6
7-12
13-18
19-24
25-30
31-36
37-42
43-48
49-54
55-60
61-66
67-72
73-78
79-84
85-90
91-96
97-102
103-108
109-114
115-120
121-126
127-132
133-138
139
1-6
7-12
13-18
19-24
25-30
31-36
37-42
43-48
49-54
55-60
61-66
67-72
73-78
79-84
85-90
91-96
97-102
103-108
109-114
115-120
121-126
127-132
133-138
139
PROPOSED RULE 7.5
FIRM NAMES AND LETTERHEADS
Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection
with a government agency or with a public or charitable legal services organization and is not
otherwise in violation of Rule 7.1.
jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional
limitations on those not licensed to practice in the jurisdiction where the office is located.
communications on its behalf, during any substantial period in which the lawyer is not actively and
regularly practicing with the firm.
that is the fact.
[1]A firm may be designated by the names of all or some of its members, by the names of
deceased or retired members where there has been a continuing succession in the firm's identity or
by a trade name such as the "ABC Legal Clinic." A lawyer or law firm may also be designated by a
distinctive website address or comparable professional designation. Although the United States
Supreme Court has held that legislation may prohibit the use of trade names in professional
practice, use of such names in law practice is acceptable so long as it is not misleading. If a private
firm uses a trade name that includes a geographical name such as "Springfield Legal Clinic," an
express disclaimer that it is a public legal aid agency may be required to avoid a misleading
implication. It may be observed that any firm name including the name of a deceased partner is,
strictly speaking, a trade name. The use of such names to designate law firms has proven a useful
means of identification. However, it is misleading to use the name of a lawyer not associated with
the firm or a predecessor of the firm.
[2]Paragraph (c) does not require a change in a law firm’s name or letterhead when a
member of the firm interrupts his or her practice to serve, for example, as an elected member of the
Tennessee General Assembly so long as the lawyer reasonably expects to resume active and regular
practice with the firm at the end of the legislative session. Such a hiatus from practice is not for a
substantial period of time. If, however, a lawyer were to curtail his or her practice and enter public
service for a longer period of time, or for an indefinite period of time, the lawyer’s firm would have
to alter its name and letterhead.
[3]With regard to paragraph (d), lawyers sharing office facilities, but who are not in fact
partners, may not denominate themselves as, for example, "Smith and Jones," for that title suggests
partnership in the practice of law.
“Substantial”See Rule 1.0(l)
PROPOSED RULE 7.6
INTERMEDIARY ORGANIZATIONS
prepaid legal insurance provider or a similar organization the business or activities of which
includes the referral of its customers, members, or beneficiaries to lawyers or the payment for or
provision of legal services to the organization's customers, members or beneficiaries in matters for
which the organization does not bear ultimate responsibility.
from an intermediary organization if the lawyer knows or reasonably should know that:
associated, or a lawyer with whom the lawyer is associated in a firm;
prohibited by the Board of Professional Responsibility; or
with all requirements imposed by the Board; or
[1] For there to be equal access to justice, there must be equal access to lawyers. For there
to be equal access to lawyers, potential clients must be able to find lawyers and have the economic
resources needed to pay the lawyers a reasonable fee for their services. In an effort to assist
prospective clients to find and be able to retain competent lawyers, lawyers andnonlawyers alike
have formed a variety of organizations designed to bring clients and lawyers together and to provide
a vehicle through which the lawyers can be fairly compensated and the clients can afford the
services they need. Some of these intermediary organizations operate as charities. Others operate
as businesses. Because they ultimately bear the liability of their insureds, liability insurance
companies which pay for or otherwise provide lawyers to defend their insureds are not intermediary
organizations within the meaning of this Rule.
[2] The requirements set forth in paragraph (b) are intended to protect the clients who are
represented by lawyers to whom they have been referred or assigned by an intermediary
organization. It is the responsibility of each lawyer who would participate in the activities of an
intermediary organization to act reasonably to ascertain that the organization meets the standards set
forth in paragraph (b). Normally it will be sufficient for the lawyer to ascertain that the organization
has registered with the Board of Professional Responsibility and to review the materials the
organization has filed with the Board in compliance with the Board’s reporting requirements. If,
however, by virtue of his or her participation in the activities of an intermediary organization, a
lawyer comes to know that the organization does not meet the standards set forth in paragraph (b),
the lawyer shall terminate his or her participation in the activities of the organization and should so
advise the Board of Professional Responsibility.
“Knows”See Rule 1.0(f)
“Reasonably Should Know”See Rule 1.0(k)
CHAPTER 8
MAINTAINING THE INTEGRITY OF THE PROFESSION
PROPOSED RULE 8.1
BAR ADMISSION AND DISCIPLINARY MATTERS
in connection with a disciplinary matter, shall not:
the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for
information from an admissions or disciplinary authority, except that this Rule does not
require disclosure of information otherwise protected by Rule 1.6.
[1] The duty imposed by this Rule extends to persons seeking admission to the bar as well
as to lawyers. Hence, if a person makes a material false statement in connection with an application
for admission, it may be the basis for subsequent disciplinary action if the person is admitted, and
in any event may be relevant in a subsequent admission application. The duty imposed by this Rule
applies to a lawyer's own admission or discipline as well as that of others. Thus, it is a separate
professional offense for a lawyer to knowingly make a misrepresentation or omission in connection
with a disciplinary investigation of the lawyer's own conduct. This Rule also requires affirmative
clarification of any misunderstanding on the part of the admissions or disciplinary authority of
which the person involved becomes aware.
[2] This Rule is subject to the provisions of the Fifth Amendment to the United States
Constitution and Article I, Section 9, of the Constitution of Tennessee. A person relying on such a
provision in response to a question, however, should do so openly and not use the right of non-
disclosure as a justification for failure to comply with this Rule.
[3]A lawyer representing an applicant for admission to the bar, or representing a lawyer
who is the subject of a disciplinary inquiry or proceeding, is governed by the rules applicable to the
client-lawyer relationship.
See Rule 1.0(f)
“Material”See Rule 1.0(g)
PROPOSED RULE 8.2
JUDICIAL AND LEGAL OFFICIALS
as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or
public legal officer, or of a candidate for election or appointment to judicial or legal office.
Code of Judicial Conduct.
[1]Assessments by lawyers are relied on in evaluating the professional or personal fitness
of persons being considered for election or appointment to judicial office and to public legal offices,
such as attorney general, prosecuting attorney and public defender. Expressing honest and candid
opinions on such matters contributes to improving the administration of justice. Conversely, false
statements by a lawyer can unfairly undermine public confidence in the administration of justice.
[2]When a lawyer seeks judicial office, the lawyer should be bound by applicable
limitations on political activity.
[3] To maintain the fair and independent administration of justice, lawyers are encouraged to
continue traditional efforts to defend judges and courts unjustly criticized and to responsibly speak
out when necessary to prevent or rectify injustice or to promote needed improvements in the judicial
system.
See Rule 1.0(f)