Changes to Disciplinary Rule Detailed

The Tennessee Supreme Court on Friday adopted a comprehensive amendment overhauling the rules governing disciplinary enforcement for attorneys. As the TBA stated in its comment filed in February in response to the court’s original proposal, the changes represent “a vast improvement of the organization, architecture and clarity” of the disciplinary process. The new rule, however, does not adopt a number of provisions the TBA advocated. The court rejected the TBA’s call for use of the same heightened standard of proof (clear and convincing evidence) that is used by 40 other states as the requirement for disciplining attorneys, and it did not move to limit ex parte communications between the Board of Professional Responsibility and potential hearing panel members. Learn more about the amended Rule 9 here, and at a CLE set for Nov. 15 that will provide a guided tour of what’s new, what’s unchanged and what may continue to be controversial going forward.