Under the Tennessee Public Participation Act, a party may seek dismissal of a lawsuit that was filed “in response to that party’s exercise of the right to free speech, right to petition, or right of association.” Tenn. Code Ann. § 20-17-105(a) (2021). In this case, two lawyers sought to dismiss a tort action brought by the sister and brother-in-law of a former client. The lawyers had represented the former client in a series of unsuccessful lawsuits against the sister and brother-in-law related to their administration of a family trust. Dissatisfied with their representation, the former client sued the lawyers for legal malpractice and fraudulent concealment. Based on that alleged conduct, the sister and brother-in-law also sued the lawyers under the tort-of-another doctrine. The lawyers sought to dismiss the tort action on the theory that it was filed in response to the lawyers’ exercise of the right to petition in the underlying trust litigation. We hold that the lawyers failed to show that the tort action was filed in response to their exercise of the right to petition. Assuming that filing a lawsuit is an “exercise of the right to petition” within the meaning of the statute, a lawyer who files a lawsuit on behalf of a client does not personally exercise that right. Instead, a lawyer at most facilitates his client’s exercise of the right. Because the lawyers here cannot show that the action was filed in response to their exercise of the right to petition, the action should not be dismissed under the Tennessee Public Participation Act. We reverse the Court of Appeals’ contrary holding and remand to the trial court for further proceedings.

Under the Tennessee Public Participation Act, a party may seek dismissal of a lawsuit that was filed “in response to that party’s exercise of the right to free speech, right to petition, or right of association.” Tenn. Code Ann. § 20-17-105(a) (2021). In this appeal, we consider whether lawyers sued by their former client for legal malpractice and fraudulent concealment may seek dismissal of the lawsuit on the theory that it was filed in response to the lawyers’ exercise of the right to petition—namely, the filing of a lawsuit on behalf of their client. We hold they may not. Assuming that filing a lawsuit is an “exercise of the right to petition” within the meaning of the statute, a lawyer who files a lawsuit on behalf of a client does not personally exercise that right. Instead, the lawyer at most facilitates his client’s exercise of the right. Because the lawyers here cannot show that their former client filed the malpractice and fraudulent concealment action in response to the lawyers’ exercise of the right to petition, the action should not be dismissed under the Tennessee Public Participation Act. We reverse the Court of Appeals’ contrary holding and remand to the trial court for further proceedings.

Anderson County lawyer Bradley David Williams was reinstated to the practice of law on Dec. 2. He had been on inactive status since Dec. 15, 2015. According to the Tennessee Supreme Court, Williams filed a reinstatement petition, which the Board of Professional Responsibility found to be satisfactory.

The Tennessee Supreme Court adopted amendments to two rules last week. In the first order, the court announced the adoption of an amendment to Tennessee Supreme Court Rule 12.4(E) to set forth the procedures and deadlines for litigation that could affect the method or timing of an execution when the litigation is filed after an execution date is set. In the second order, the court announced an amendment to Tennessee Supreme Court Rule 54 to add a new type of civil complaint required to be heard by a three-judge panel. The court explained that the action was taken after the General Assembly passed and the governor signed new legislation amending Tennessee Code Annotated, Title 20. Both orders were adopted on Dec. 5 and took effect immediately.

Knox County lawyer Keri Elizabeth Rule was temporarily suspended from the practice of law on Dec. 5. The Tennessee Supreme Court took the action after finding that Rule failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct. The suspension will remain in effect until dissolution or modification by the court.

Tennessee Attorney General (AG) Jonathan Skrmetti has announced Phase 2 of Operation Robocall Roundup, expanding a crackdown on illegal robocalls to include four of the largest telecommunications companies in the country. According to Skrmetti, Inteliquent, Bandwidth, Lumen and Peerless have collectively facilitated an estimated 3.4 billion scam calls nationwide since 2020. “Despite action by attorneys general across the country, [these companies] continue to profit from routing these illegal calls into millions of American homes," he said. "We are intensifying enforcement against these bad actors to ensure stronger safeguards for consumers.” Read more in a press release from the AG's office.

It's time for TBA's Year End CLE event! This annual tradition brings you quick and easy content, right from the comfort of your own home or office, whether you need one hour of CLE or 15. There is a quality mix of packages based on hours needed or topic, live webcasts and on-demand video — all offered virtually. And our excellent customer support at cle@tnbar.org will get you over the finish line for your 2025 CLE requirements. Select packages by hour (six, eight, 10, 12 or 15) or by topic, or build your own any time by visiting cle.tba.org to access over 200 on-demand programs. Topical packages include AI Essentials, Attorney Wellness, Ethics, Experience TBA Convention, General Solo & Small Practice, Law Practice Management, Mediation Ethics & CME and the Rookie Series. All offer dual hours, making it easy to check that off your December to-do list. Packages also are available based on practice area. Check out all the options here!

Nashville attorney Patricia Lee Newton died Nov. 30 at age 77. She graduated from the University of Tennessee (now Winston) College of Law in 1975 and practiced law at Gilreath & Associates in Knoxville. Newton moved to Nashville in 1978, where she became an assistant public defender for Metro Nashville government. In 1981, Newton began her 45-year career with the Tennessee state government, during which she held numerous leadership roles. Visitation will take place on Dec. 13 from noon to 2 p.m. CST, immediately followed by a funeral mass at St. Mary of the Seven Sorrows Church, 328 Rep. John Lewis Way N, Nashville 37219. In lieu of flowers, the family requests donations to Old Friends Senior Dog Sanctuary, 765 Nonaville Road., Mt. Juliet, TN 37122.

Mark your calendars for the 2026 Estate Planning & Probate Forum, scheduled for March 6, 2026, in Franklin. This annual event will provide seven hours of CLE credit and include sessions on litigation and estate planning, public receivership, a probate panel, and a legislative update. Speakers will include Rob Malin, Rebecca Blair, Chancellor William Cole, Jennifer Exum, Lisa Helton, Robin Miller, David Parsons, Al Secor, Andrea Sinclair, Jared Smith and Ashley Stearns. Get more information and register on the TBA's website. Section members receive discounted registration. Not a section member yet? Get started here.

The TBA is offering a three-hour "AI Essentials" CLE package focused on Artificial Intelligence (AI) and the practice of law, designed to help Tennessee lawyers quickly complete their remaining hours for 2025. Check out the specific courses included in the package on the TBA website. Looking for something else? TBA also has six, eight, 10, 12 and 15-hour packages, packages based on specific topics or practice areas, live webcasts and on-demand video all month long. Explore all the Year End options to complete your CLE requirement by Dec. 31.