Ethics Rules

The Tennessee Supreme Court today (Sept. 29, 2010) adopted the first set of comprehensive amendments to the Rules of Professional Conduct since the new rules became effective in March 2003.

These amendments, to be effective Jan. 1, 2011, come as a result of a six-year revision process initiated by the Tennessee Bar Association, an extensive comment period and an oral argument in June 2010.

Revisions touch upon confidentiality, conflicts, client consent, advance payments of expenses, non-refundable fees, responsibilities of a prosecutor, receipt of inadvertently disclosed confidential information and advertising.

In adopting the rules, Chief Justice Connie Clark said, "We are grateful for the extraordinary efforts of the Tennessee Bar Association and various organizations, attorneys and individuals who submitted comments or participated in the oral argument regarding the proposed revisions."

Download (at right) complete copies of the amended rules, the orders adopting the changes and redlined versions of the revisions, comparing them to the previous rules and to the ABA Model Rules of Professional Conduct.

The Tennessee Bar Association on Feb. 18, 2010, filed with the Tennessee Supreme Court its response to the public comments received regarding the Tennessee Bar Association's Petition for the Adoption of Amended Tennessee Rules of Professional Conduct.

That petition was filed with the Tennessee Supreme Court on May 13, 2009. The comprehensive set of amendments to the Tennessee Rules of Professional Conduct represents the first major amendment to the rules since they were adopted in 2002. The petition was approved by the TBA House of Delegates and Board of Governors at their April 2009 meetings.

The Tennessee Supreme Court entered an order on June 22, 2009, soliciting written comments from the bench, bar and public and any other interested parties regarding the petition. The deadline for written comments was Dec. 16, 2009. The Court issued an Order on January 8, 2010, providing the TBA until February 19, 2010, to file a response to the public comments received, indicating that the TBA could provide substantial assistance to the Court by “identifying the comments with which the TBA agrees, by suggesting modifications and refinements in response to the comments, and by identifying the areas about which the TBA and the commentors still have substantial disagreement.” In response to the public comments received, and in continuing support of the adoption of amendments to the Rules of Professional Conduct, the TBA filed its response.

Here are the documents filed Feb. 18, 2010, in PDF format for review:

Here are the documents filed May 13, 2009, in PDF format for review:

Proposed changes to ethics rules available for comment
The Tennessee Supreme Court has issued two orders soliciting comment on proposed amendments to the Rules of the Tennessee Supreme Court. The deadline for submitting written comments on the amendments is March 9, 2009.

• Order seeking comment on proposed Amendment to Rule 7, Section 10.01 of the Rules of the Tennessee Supreme Court

• Order seeking comment on proposed Amendment to Rule 8, Sections 5-5 and 8-5 of the Rules of the Tennessee Supreme Court

The TBA Board of Governors in June 2008 authorized release of a proposed set of refinements to the Rules of Professional Conduct for comment. The proposal is the first thorough examination of the rules since their adoption in March 2003 and represents a more than two-year effort by the Standing Committee on Ethics & Professional Responsibility.

The proposal suggests that changes be adopted in some 20 significant areas, including client consent, confidentiality, conflicts, client file, and material and public statements by prosecutors.

• TBA President's Letter on Proposed Amendments to Tennessee Rules of Professional Conduct
(June 27, 2008, PDF file, 2 pages)

• Chair's Memo on Proposed Amendments to Tennessee Rules of Professional Conduct
(June 3, 2008, PDF file, 4 pages)

• Proposed Amendments to Tennessee Rules of Professional Conduct
(June 3, 2008, draft; redlined to current rules) (206 pages in PDF format)
• Proposed Amendments to Tennessee Rules of Professional Conduct
(June 3, 2008, draft; redlined to current rules) (203 pages in Word format)

• Proposed Amendments to Tennessee Rules of Professional Conduct
(June 3, 2008, draft; redlined to ABA Model Rules) (194 pages in PDF format)

• TBA Petition for Pro Bono Rule Reform (including amendments to TRPC 6.1, 5.5 and 6.5; filed with Tennessee Supreme Court June 27, 2008)
Exhibit A — Rule 6.5
Exhibit B — Rule 5.5
Exhibit C — Rule 6.1

• TBA Petition for MJP Rules Reform (including amendments to TRPC 5.5 and 8.5; filed with Tennessee Supreme Court June 27, 2008)

• 2002 Petition for Reconsideration or Clarification
Filed by Tennessee Bar Association concerning certain issues related to the adoption of Tennessee Rules of Professional Conduct

• 2003 Supreme Court Order soliciting written comments on TBA Petition
Filed Feb. 12, 2003