Ethics and Professional Responsibility

This Committee works to update and revise the Tennessee Rules of Professional Conduct that were patterned after the ABA Model Rules of Professional Conduct. The current revisions to the rules went into effect on January 1, 2011.

Chair
Thomason Hendrix Harvey Johnson...
40 S Main St #2900
Memphis, TN 38103
(901)577-6139

Discrimination Provisions Upheld

The Tennessee Supreme Court today denied a petition by the Board of Professional Responsibility which would have expanded the application of the prohibition on manifestations of invidivual bias and prejudice. In maintaining the current focus on the way in which the lawyer conduct impacts the administration of justice, the Court preserved the rule advocated and defended by the TBA. The Court noted that more than 300 pages of comments were received during the comment period and commented on the "scope and clarity” of the present rule. Download a copy of the court order. For a look at the TBA comments, click here

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Court Denies Advertising Rules Changes

A petition proposing several rules changes restricting lawyer advertising was denied today in a per curiam order issued by the Tennessee Supreme Court. In taking the action, the court said, "We have determined that the continued enforcement of the existing rules is preferable to any of the changes sought by the petitioners."

The petition, which was filed last spring, would have required that lawyers have a "bona fide" office in Tennessee, prohibited actors from portraying clients, banned commenting on results and imposed requirements for pre-submission of ads to the Board of Professional Responsibility.

The petition drew comments from a wide array of organizations and individuals including the Tennessee Bar Association, Knoxville Bar Association, two law school professors from the University of Tennessee, the Tennessee Association of Broadcasters, the Federal Trade Commission and others. TBA Ethics and Professionalism Committee Chair Brian Faughnan authored the TBA comment.

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