New Rules Governing Disciplinary Enforcement For Attorneys Effective January 1

Event Types: 
CLE Programming
Date: 
Friday, November 15, 2013 - 1:30pm
Location: 
Tennessee Bar Center
221 4th Avenue North
Nashville, TN 37219
United States

On August 30, 2013, the Tennessee Supreme Court adopted a comprehensive amendment, effective January 1, 2014, overhauling the rules governing disciplinary enforcement for attorneys. This program will review the new, amended Rule 9 in detail. Just a few of the changes are:

- Adoption of a comprehensive set of rules and enumeration of obligations and protections for attorneys and clients alike to permit court-appointment of (and even advanced designation of) “receiver attorneys” to step into the breach when a lawyer unexpectedly dies or becomes disabled;

- Inclusion of recusal standards for hearing panel members tied directly to Tenn. Sup. Ct. R. 10 (the Code of Judicial Conduct);

- Inclusion of the concept of a declaration in lieu of an affidavit consistent with recently-adopted Tenn. R. Civ. P. 72;

- Removal of violations of the “attorney oath of office” from being recognized as a basis for attorney discipline;

- Clarification and express recognition of the variety of kinds of TLAP agreements available to lawyers;

- Providing for more consistent treatment of both types of private discipline;

- Doing away with the ability to file anonymous disciplinary complaints against attorneys; and

- Institutionalization of, and clarification regarding, the role of practice monitors in disciplinary proceedings.

Marisa Combs and Hugh Kendall, co-chairs of the TBA subcommittee that played a large role in putting together the “receiver attorney” provisions ultimately adopted by the Court, and Brian S. Faughnan, Chair of the TBA Ethics Committee, will provide attendees of the seminar with a guided tour of what’s new, what’s unchanged, and what may continue to be controversial going forward in 2014.