In the Tennessee Supreme Court’s Sept. 16 order soliciting comments from the legal community, the court asks whether it "should modify, reduce, or eliminate regulations prohibiting nonlawyer ownership of law firms or fee sharing with nonlawyers." Arizona, Utah and Puerto Rico formally changed their rules earlier this year to allow nonlawyer ownership. California and Florida rejected proposals to allow nonlawyer ownership. Washington launched a pilot program to allow entities with innovative business models (including those operated by individuals not licensed to practice law) to apply to offer legal services under timebound, limited exemptions of the rules governing the practice of law. At the end of the pilot, the state’s Supreme Court will consider the accumulated data to determine whether to move forward with more permanent regulatory reforms. Feedback on Tennessee's potential modification of nonlawyer ownership of law firms or fee sharing with nonlawyers may be sent to TBA's newly formed Legal Access & Regulatory Reform Task Force at townhall@tnbar.org as well as directly to the court. Watch TBA Today to learn more about the seven points in the Supreme Court’s order and specific ways to engage with the task force. Visit TBA's Legal Access & Regulatory Reform resource page for more information.

In the Tennessee Supreme Court’s Sept. 16 order soliciting comments from the legal community, the court asks whether there are "less costly alternatives to the traditional three-year law school curriculum that would adequately prepare individuals for the practice of law" and (2) whether the court "should consider adopting alternative pathways for admission to the Tennessee Bar — for example, by allowing applicants to satisfy the minimum educational requirements and/or examination requirement in part by completing an apprenticeship or serving with a legal aid organization.” California, Vermont, Virginia and Washington all have variations of legal apprenticeship programs. Utah offers a program that requires 240 hours of supervised work and assessments. Wisconsin has taken a different approach with its “diploma privilege” system. Graduates of that state’s two ABA-accredited law schools may become licensed attorneys without taking either the traditional bar exam or the Multistate Professional Responsibility Exam (MPRE). Students must satisfactorily complete a designated curriculum, which tracks traditional first-year requirements and offers numerous options for upper-level courses.

Feedback on Tennessee's potential modification of education requirements and pathways to attorney licensure may be sent to TBA's newly formed Legal Access & Regulatory Reform Task Force at townhall@tnbar.org as well as directly to the court. Watch TBA Today through the month of December to learn more about the seven points in the Supreme Court’s order and specific ways to engage with the task force. Visit TBA's Legal Access & Regulatory Reform resource page for more information.

In the Tennessee Supreme Court’s Sept. 16 order soliciting comments from the legal community, the court asks whether it should "modify, reduce, or eliminate its reliance on ABA accreditation in setting minimum educational requirements for applicants to the Tennessee Bar" and (2) whether "there are any practicable alternatives to ABA accreditation" it should consider. At least three other states are considering this issue as well. Two states, Florida and Ohio, are reviewing their current accreditation requirements, and Florida has formed a workgroup that recently released a report proposing accreditation alternatives. The Supreme Court of Texas in September said it intends to end its reliance on the ABA for law school oversight and instead have the court determine which schools’ graduates can be admitted as lawyers. Feedback on Tennessee's potential modification of law school accreditation may be sent to TBA's newly formed Legal Access & Regulatory Reform Task Force at townhall@tnbar.org as well as directly to the court. Watch TBA Today through the month of December to learn more about the seven points in the Supreme Court’s order and specific ways to engage with the task force. Visit TBA's Legal Access & Regulatory Reform resource page for more information.

In the Tennessee Supreme Court’s Sept. 16 order soliciting comments from the Tennessee legal community, the court asks whether it "should consider modifying requirements for admission to the Tennessee Bar for those licensed in other states to promote interstate practice and mobility." Comity admission is governed by Tennessee Supreme Court Rule 7, Article V. An applicant must have been engaged in the active practice of law for five of the seven years immediately preceding the application and must meet education and character and fitness requirements. The current application process is a multi-step process that can take up to 14 months, and sometimes longer, to complete. Feedback on potential modification of these requirements may be sent to TBA's newly formed Legal Access & Regulatory Reform Task Force at townhall@tnbar.org as well as directly to the court. Watch TBA Today through the month of December to learn more about the seven points in the Supreme Court’s order and specific ways to engage with the task force. Visit TBA's Legal Access & Regulatory Reform resource page for more information.

Beginning Dec. 1, TBA Today will feature a weekly series to educate TBA members on the Tennessee Supreme Court’s Sept. 16 order soliciting comments from the Tennessee legal community. The order highlights seven points on which the court is requesting feedback as it reassesses its approach to regulation of the legal profession to ensure that all Tennesseans have access to affordable quality legal services. Specifically, the court is seeking feedback on how it approaches accreditation of law schools and practicable alternatives for accreditation, alternatives to law school in preparation for the practice of law, alternative pathways to admission to the bar, modifying requirements for admission without examination, allowing paraprofessionals to do some legal work, and allowing non-lawyer ownership of law firms.

The effort is being undertaken as large segments of the population — especially rural and low-income individuals — cannot secure legal help. According to the Legal Services Corporation (LSC), 1.2 million Tennesseans qualify for LSC-funded legal aid, yet most still receive insufficient assistance due to a lack of resources in their area or due to the restrictions on the types of cases legal service organizations are allowed to accept. In addition, a number of Tennessee counties qualify as “legal deserts.” As of 2020, the state had 20 counties with fewer than 10 lawyers each. According to the court’s order, regulatory structures may contribute to shortages and cost barriers and thus it is open to innovative models that address modern needs.

The TBA currently is accepting feedback from members — email townhall@tnbar.org with your thoughts — and has formed the Legal Access and Regulatory Reform Task Force to gather and review that feedback. Watch TBA Today through the month of December to learn more about the seven points in the Supreme Court’s order and specific ways to engage with the task force. A website with resources will launch next week in conjunction with the first item in the weekly series.

TBA President Heidi Barcus has formed a task force to gather and review feedback from TBA members regarding the Tennessee Supreme Court’s order soliciting comments on regulation of the legal profession. Feedback should be sent to townhall@tnbar.org by Dec. 12 at 11:59 p.m. CST and should be specific in nature. All comments will be shared with the task force. The TBA welcomes candid feedback from all viewpoints. Watch for more information in TBA Today in the coming months on additional ways to share your thoughts on this important issue. Thank you to those members who have agreed to serve on the task force. They are: Brandon Bass, Lisa Cole, Dixie Cooper, Mike Galligan, Ed Lanquist Jr., Mary Beth Maddox, Jimmie Miller, Randy Noel, Sarah Sheppeard, Scott Sims, Charles Swanson, Danny Van Horn, Howard Vogel. and John Wilks. The task force will be chaired by Sarah Sheppeard.

The Tennessee Supreme Court on Sept. 16 issued an order soliciting comments from the legal community and the public on seven questions related to regulation of the legal profession. The court said the goal of the effort is to lower barriers to entry into the profession and ensure availability of affordable legal services in the state while ensuring the competency of attorneys and safeguarding the public. Comments should address whether the court should (1) modify, reduce or eliminate reliance on American Bar Association (ABA) accreditation in setting minimum educational requirements for lawyers; (2) consider alternatives to ABA accreditation; (3) consider adopting alternative pathways for admission to the bar; (4) consider modifying requirements for admission for those licensed in other states; and (5) modify, reduce or eliminate regulations prohibiting non-lawyer ownership of law firms or fee sharing with non-lawyers. Feedback also is sought on whether there are less costly alternatives to the traditional three-year law school curriculum and whether any legal services currently provided by lawyers could be competently provided by paraprofessionals. Comments should include docket No. ADM2025-01403 and be submitted by March 16, 2026, to Clerk James Hivner, Re: Regulatory Reform, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219 or by email to appellatecourtclerk@tncourts.gov.