TBA Transition Subcommittee Begins Work

The Transition and Succession Subcommittee of the TBA Committee on Ethics and Professional Responsibility is tackling issues related to winding down abandoned law practices. The subcommittee, chaired by Nashville lawyer Marisa Combs and Chattanooga lawyer Hugh Kendall, has placed a special emphasis on developing preventative measures so that lawyers have the tools to properly plan the succession of their law practices.

The subcommittee has taken as its first responsibility the examination of amendments to Section 29 of Tennessee Supreme Court Rule 9 on disciplinary enforcement, which would provide for the appointment of a receiver attorney by the presiding judge in the district. It is also reviewing material from several other states including New York, Maine, North Carolina, Georgia and Indiana, all of which have guides for helping lawyers in such transitions. The disciplinary rule changes are part of a proposed comprehensive rewrite to the rules published by the Supreme Court in August with a February deadline for comments. The full ethics committee will develop TBA comments on the entire proposal. See the rule proposal here