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The New Tennessee Attorney Discipline Rules

published September 09, 2013

By Author - LawCrossing
Published By
( 5 votes, average: 4.4 out of 5)
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Following a thorough overhaul of Rule 9 that governs attorney discipline in the state, the Tennessee Supreme Court adopted new rules on 30 August. These are the initial changes to Rule 9 that had remained unchanged for the past seven years, and the new rule will come into effect from next January.

The changes were made after consultation with professional organizations and had been in the works for more than two years. Rule 9 has been completely rewritten and in a nutshell the principal changes to the rule governing attorney discipline in Tennessee are as follows:

  • Any reinstatement from attorney suspensions, administrative and disciplinary matters will now require an order from the Supreme Court, while a separate reinstatement fee would be required for reinstatement from an administrative suspension.

  • Comprehensive guidelines have been provided for the appointment of a receiver attorney in matters where a practicing attorney becomes unable to continue practice.

  • Practice monitors assigned to oversee public discipline of attorneys have had their duties spelt out with clarity, and the procedure for selecting practice monitors has been revamped.

  • New clarifications have been added for the assessment of costs of disciplinary proceedings imposed on an attorney who has been the subject of discipline.

  • Confidentiality of documents related to disciplinary proceedings has been further clarified.

  • Other important clarifications include defining the selection process of board members and recusal standards for board members. Recusal standards for disciplinary hearing panel members have also been clarified in the new Rule 9.
The Tennessee Supreme Court said that in revising Rule 9 it had received written comments submitted by several organizations including the Board of Professional Responsibility, the Tennessee Bar Association and the Knoxville Bar Association.

In the process of revising Rule 9 over the past two years, the Tennessee Supreme Court has also adopted a new section authorizing the Court to suspend the law license of any attorney who is determined by the Tennessee Student Assistance Corporation, pursuant to Tennessee Comprehensive Rules and Regulations, to be delinquent or in default on a repayment or service obligation under any student loan covered by that Chapter.

published September 09, 2013

By Author - LawCrossing
( 5 votes, average: 4.4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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