TBA Law Blog


Posted by: Barry Kolar on Oct 5, 2016

The Board of Professional Responsibility recently issued Formal Ethics Opinion F-161 regarding the ethical propriety of a settlement agreement that requires the release of lawyer work product. To the extent settlement provisions require attorneys to turn over documents protected by the lawyer work product doctrine, the provisions may be prohibited by Tennessee Rule of Professional Conduct 5.6(b). That is, a lawyer may not propose or agree to a settlement agreement that requires a lawyer to turn over any work product materials as part of the settlement if that action will restrict the representation of other clients.