| September 2008 Dear Section Member, We are glad you have chosen to participate as a member of the Corporate Counsel Section of the TBA! This is the first of periodic newsletters designed to keep you abreast of developments of importance to in-house counsel. Please do not hesitate to contact me or Sarah Hayman at the TBA office with any comments or suggestions you may have concerning ways the Corporate Counsel Section can enhance your TBA experience. Regards, W. David Smith Multi-jurisdictional Practice - Proposed Revisions to Code of Conduct Accommodate the Modern Realities of Corporate Counsel Practice In June the TBA, in conjunction with its Standing Committee on Ethics and Responsibility, petitioned the Tennessee Supreme Court to adopt new rules governing the multi-jurisdictional practice of law. In particular, the petition recommends the adoption of revisions to Tennessee Rule of Professional Conduct 5.5 allowing lawyers who are not admitted to practice in Tennessee to appear before the state’s courts and to otherwise represent clients in ways that do not create an unreasonable risk to the interest of their clients. Subsection (d) of the proposed revised Rule allows lawyers who are admitted in other jurisdictions to provide legal services in Tennessee without obtaining a Tennessee license if the services are: 1) on behalf of the lawyer’s employer and do not require pro hac vice admission; or, 2) are allowed under federal or other law. Some of our Section members or their fellow employees may not have a Tennessee license, but have been recruited or relocated to Tennessee by an employer. The TBA’s proposed revised rule and the additional recommendation of corporate counsel registration in lieu of licensure acknowledges the modern reality of a mobile corporate counsel practice. Hopefully, next year the proposals will be accepted by the Court. And the Survey Says ... Thanks to everyone who answered our recent survey of Section members. We received some excellent comments and suggestions on ways to provide better service to our members. In-house Ethics CLE Several members commented that, while ethics CLE offerings abound, these programs are almost always geared toward attorneys in private practice and seldom touch on corporate counsel ethics issues. In response we proudly announce that, in addition to the Section’s annual in-person gathering next May, the Section will sponsor a corporate counsel ethics CLE program on Friday, February 6, 2009, in Nashville at the TBA offices. More information regarding the full agenda will be forthcoming. Malpractice Coverage Our survey respondents also confirmed a growing trend within corporate counsel practice – the lack of legal malpractice insurance coverage for in-house counsel. More than half of the members who responded stated that they were not currently covered by a legal malpractice policy (employer-provided, or otherwise). Some members have commented that the lack of coverage is a direct result of the cost of coverage for in-house legal staffs at smaller companies. Others commented that company lawyers tend to often be covered under a company’s directors and officers insurance, and that many such lawyers forego malpractice coverage because of the other coverage. Obviously, the two coverages are not the same and some of our members are making a difficult choice. The Section’s executive council agreed to explore the viability of “pool coverage” for groups of in-house counsel. We will report back to the Section. NOTICE: The information available in this newsletter includes basic legal information and is not a substitute for legal advice or professional alternative dispute resolution advice. The information is provided for general information only. It should not be considered legal advice or other professional advice. You should consult an attorney if you have questions concerning any specific situation. © Copyright 2008 Tennessee Bar Association
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