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.

Lewis Thomason
40 S Main St #2900
Memphis, TN 38103

A Look at Judge Davidson’s Tenure at Workers Comp Board

As Chief Judge Marshall L. Davidson III prepares to leave the Tennessee Workers’ Compensation Appeals Board to become disciplinary counsel for the Tennessee Board of Judicial Conduct, Workers has a review of how the appeals court has grown under his leadership. Davidson was named presiding judge of the brand new court in 2014 and oversaw its launch. Now, five years later, the court has issued more than 400 opinions and has complied with all statutory deadlines, often issuing opinions early. Reflecting on his time with the court, Davidson says it has been a “blast.” He will leave the court and start his new job on Jan. 1. In addition to teaching at the Nashville School of Law, he also will teach a workers' compensation course at the Belmont College of Law and return to volunteering with Court-Appointed Special Advocates (CASA).

read more »

ABA Issues New Guidance for Lawyers Who Change Firms

The ABA Standing Committee on Ethics and Professional Responsibility released guidance today on the ethical obligations for lawyers when they change firms. Formal Opinion 489 acknowledges that a lawyer has the right to switch firms and notes that ethics rules do not allow non-competition clauses in partnership, member, shareholder or employment agreements. When a lawyer gives notice, the formal opinion suggests the lawyer and the firm develop a plan that is orderly, flexible and “protects client interests during the lawyer’s transition.” The guidance also cites several model rules to consider related to the orderly transition of client matters and restraints on a client’s choice of counsel.

read more »