Board of Professional Responsibility of the Supreme Court of Tennessee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Board of Professional Responsibility of the Supreme Court of Tennessee, with full citations and source links on every page.
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When a Tennessee lawyer provides limited scope (unbundled) representation to a self-represented client in a court case, must the lawyer file a notice of the limited representation with the court?
Formal Ethics Opinion 2025-F-172, since withdrawn by the Board, stated that a Tennessee lawyer providing limited scope representation to an otherwise unrepresented party before a tribunal must file…
Can a Tennessee lawyer agree to a settlement non-disparagement clause that makes the lawyer a party and limits future use of information learned in the case?
No. Tennessee Formal Ethics Opinion 2025-F-171 concludes it is improper for a lawyer to propose or accept a settlement provision that makes the lawyer a party bound by a non-disparagement clause…
Can a Tennessee lawyer accept credit cards or payment apps like Venmo and PayPal for legal fees, including unearned retainers?
Yes. Tennessee Formal Ethics Opinion 2023-F-170 permits lawyers to accept credit cards and payment-processing services for fees, including unearned fees, if they protect client confidentiality,…
When a Tennessee lawyer leaves a law firm, who must notify the clients, and what choices does the client have?
Tennessee Formal Ethics Opinion 2023-F-169 holds that both the departing lawyer and the firm must notify affected clients under RPC 1.4 of the lawyer's departure and the client's options (stay with…
If an out-of-state lawyer works remotely as full-time in-house counsel for a company based in Tennessee, must the lawyer register as in-house counsel or is that the unauthorized practice of law?
Formal Ethics Opinion 2022-F-168 holds that an out-of-state-licensed lawyer who works remotely as in-house counsel for a company with a presence in Tennessee is not engaged in the unauthorized…
Can a lawyer in a products liability case agree to a settlement term that requires the allegedly defective product to be destroyed?
Formal Ethics Opinion 2019-F-167 holds that it is improper for an attorney to propose or accept a settlement provision in a products liability case that requires destruction of the product alleged…
Can a lawyer agree to a settlement confidentiality clause that bars the lawyer from referring to the incident, the product, or the defendants' identity in other cases?
Formal Ethics Opinion 2018-F-166 holds that it is improper for a lawyer to propose or accept a settlement confidentiality clause barring future use or disclosure of publicly available information…
Does a Tennessee prosecutor's ethical duty to disclose favorable evidence to the defense go beyond the constitutional Brady obligation?
Formal Ethics Opinion 2017-F-163, since vacated by the Tennessee Supreme Court, concluded that a prosecutor's ethical duty under RPC 3.8(d) to disclose information favorable to the defense is…
Can a Tennessee lawyer participate in an online marketplace where clients post legal projects and lawyers submit fee quotes, without it being an improper referral service?
Formal Ethics Opinion 2018-F-165 concludes that a legal marketplace website where clients post projects and lawyers submit fee quotes is not an intermediary organization (lawyer referral service)…
Can a government-employed ombudsman attorney give limited legal advice to a self-represented party without forming an attorney-client relationship?
Formal Ethics Opinion 2017-F-162 concludes that a workers' compensation ombudsman attorney may give limited legal advice to pro se litigants under RPC 1.2(c) without creating an attorney-client…
Can a Tennessee firm form an interstate partnership operating under a trade name and share a building with a title company it is affiliated with?
Formal Ethics Opinion 2017-F-164 concludes that interstate law firm partnerships are permitted if they comply with the Tennessee Rules, may use a trade name if it complies with RPC 7.1 and 7.5, and…
How long does the Tennessee Board recommend that a lawyer keep client files after a representation ends?
Formal Ethics Opinion 2015-F-160(a) amends 2015-F-160 to recommend that a lawyer retain client files for five years after termination of representation as a guideline that may be altered by client…
Can a lawyer agree to a settlement term that requires turning over the lawyer's own work product to the opposing party?
Formal Ethics Opinion 2016-F-161 concludes that a lawyer may not propose or accept a settlement provision requiring the lawyer to turn over work-product materials if doing so will restrict the…
How long must a Tennessee lawyer keep client files, who owns the file, and what happens to client files when the lawyer retires?
Formal Ethics Opinion 2015-F-160 (later modified by 2015-F-160(a)) concluded that no Tennessee rule requires retaining client files more than five years after a representation ends, though some…
Can a Tennessee lawyer store confidential client information in the cloud?
Formal Ethics Opinion 2015-F-159 concludes that a lawyer may store confidential client information in the cloud if the lawyer uses reasonable care to keep the information confidential and secure,…
Must a lawyer who prepared a client's will produce it in response to a court order or subpoena, and can the lawyer assert privilege or confidentiality?
Formal Ethics Opinion 2014-F-158 concludes that a lawyer cannot simply refuse a court order or subpoena for a will, but under RPC 1.6(c)(2) must assert all non-frivolous claims that the will is…
Can a lawyer who served as a child's guardian ad litem later represent another interest, such as adoptive parents, in a matter involving that child?
Formal Ethics Opinion 2013-F-157 concludes that a lawyer who served as a child's guardian ad litem may later represent another interest, such as adoptive parents in an adoption, only if that…
When a former client claims ineffective assistance of counsel, may the defense lawyer voluntarily give the prosecutor confidential information before a court orders disclosure?
Formal Ethics Opinion 2013-F-156 concludes that the self-defense exception to confidentiality (RPC 1.6(b)(5)) permits, but does not require, a defense lawyer accused of ineffective assistance to…
Can a district attorney prepare an expungement petition for a person, as a statute requires, without creating a conflict of interest with the State?
Formal Ethics Opinion 2012-F-155 concludes that a district attorney may prepare expungement petitions as the statute requires only by avoiding the formation of an attorney-client relationship with…
What may a lawyer licensed in another state do in Tennessee while waiting to be admitted to the Tennessee bar?
Formal Ethics Opinion 2012-F-91(c), since vacated by the Board, concluded that a lawyer licensed elsewhere and applying for Tennessee admission by comity or examination generally may not commence…
Can a settlement require the plaintiff's lawyer to guarantee that medical liens are paid, or to indemnify and hold the defendant harmless from those liens?
Formal Ethics Opinion 2010-F-154 concludes that a plaintiff's lawyer is obligated under RPC 1.15(c) to safeguard settlement funds in which a third person has a matured legal or equitable interest (a…
In Tennessee, must a lawyer who prepares a pleading for a pro se litigant disclose that involvement on the document?
Vacated. As originally issued, Formal Ethics Opinion 2007-F-153 concluded that a lawyer could prepare a single 'leading' pleading needed to toll a statute of limitations or other deadline for a pro…
Is a joint television advertising program with exclusive geographic territories and a flat monthly fee a 'lawyer referral service' under Tennessee's rules?
Formal Ethics Opinion 2006-F-152 concludes that the R. W. Lynch (Injury Helpline) joint advertising program, in which participating lawyers pay a flat monthly fee, hold exclusive geographic…
Can a legal aid clinic lawyer give Tennessee pro se litigants limited 'unbundled' help without becoming their counsel of record?
Formal Ethics Opinion 2005-F-151 concludes that a Pro Se Clinic lawyer may provide limited, unbundled assistance (advice and document preparation) to a self-represented litigant if the limitation is…
What must a Tennessee lawyer do after receiving an opposing party's confidential or privileged documents that were clearly sent by mistake?
Formal Ethics Opinion 2004-F-150 concludes that a lawyer who receives an adversary's documents that on their face appear privileged or confidential, under circumstances making clear they were not…
What kinds of claims in Tennessee lawyer advertising count as false or misleading under RPC 7.1, including past results, testimonials, and 'best lawyer' claims?
Formal Ethics Opinion 2004-F-149 concludes that, under RPC 7.1, lawyer ads may not refer to prior results (damage awards, settlements, verdicts) unless they also state the specific factual and legal…
When a paralegal or other non-lawyer staffer changes firms in Tennessee, can the new firm use screening to avoid being disqualified?
Formal Ethics Opinion 2003-F-147 concludes that under RPC 1.10 a firm may use screening procedures to avoid imputed disqualification in limited circumstances, that imputed disqualification and…
What may a Tennessee firm's out-of-state lawyer do while awaiting Tennessee admission, including non-court 'law business' like drafting documents?
Vacated. As originally issued, Formal Ethics Opinion 2002-F-91(b) updated the Board's guidance on employing lawyers admitted elsewhere while their Tennessee admission was pending: their names could…
Can a Tennessee firm employ a lawyer licensed in another state who is awaiting Tennessee admission, and list that lawyer on its letterhead?
Vacated. As originally issued, Formal Ethics Opinion 2002-F-91(a) concluded that a firm could employ a lawyer admitted elsewhere while the lawyer's Tennessee admission application was pending; the…
Can a part-time assistant district attorney who prosecutes state crimes also defend criminal defendants in the same county's courts?
Formal Ethics Opinion 2002-F-146 concluded that part-time assistant district attorneys who prosecute state criminal matters in a county's municipal courts may not also represent criminal defendants…
How are conflicts of interest involving government attorneys decided in Tennessee, and what happened to the rule on prosecutors defending criminal cases?
Formal Ethics Opinion 2002-F-107(b) restated that, in matters involving governmental interests and differing interests, a conflict of interest is a factual question decided case-by-case, and it…
Does a lawyer listing practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 2001-F-144(b) concluded that lawyers listing areas of practice on the Internet, including law directories and other public websites, had to…
What specialization-certification disclosures did a Tennessee lawyer advertisement have to include, and for which practice areas?
Vacated. As originally issued, Formal Ethics Opinion 2001-F-137(b) explained that under DR 2-101(C) a lawyer advertising a practice area had to include the precise certified, not-certified, or…
Can an insurance company require the defense lawyer it hires for an insured to always appeal, demand a jury, or refuse mediation, even against the insured's interest?
Formal Ethics Opinion 2000-F-145 concluded that a defense lawyer retained by an insurer to represent an insured may not accept conditions directing trial strategy (always appealing adverse General…
Did a lawyer who listed practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 99-F-144(a) (a December 1999 reissue of 99-F-144) concluded that lawyers listing areas of practice on the Internet, including law directories or…
Can insurance defense counsel get around the consent rule for insurer audits by redacting confidences or routing bills through the insurer?
Formal Ethics Opinion 99-F-143(a) clarified 99-F-143: an attorney may not unilaterally redact confidences and secrets to avoid client consent (the client decides what is secret); may not evade the…
Did a lawyer who listed practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 99-F-144 concluded that lawyers listing areas of practice on the Internet, including law directories or other public websites, had to comply with…
Can insurance defense counsel let the insurer's outside auditors review billing and case files, and follow insurer directives on the defense?
Formal Ethics Opinion 99-F-143 concluded that an insurance defense lawyer may not disclose the insured's confidences or secrets to the insurer's outside auditors (in bills or files) without the…
If a competent capital defendant orders defense counsel not to present mitigating evidence, must counsel withdraw, and what must counsel and the court do?
Formal Ethics Opinion 99-F-73(a) amended 84-F-73 to conform to State v. Zagorski. It concluded that when a competent defendant instructs counsel not to investigate or present mitigating evidence,…
What exact phrase may a Tennessee lawyer who is an approved Rule 31 mediator use on letterhead to describe that status?
Formal Ethics Opinion 98-F-142(a) amends 98-F-142. It reaches the same analysis (a Rule 31 mediator may note that status on letterhead, and 'Approved Rule 31 Mediator' may be misleading because it…
After Tennessee added Estate Planning as a certifiable specialty, what specialization-certification disclosures did lawyer advertising have to include?
Vacated. Formal Ethics Opinion 95-F-137(a) reissued the specialization-advertising disclosure rules of 95-F-137 to reflect that the Supreme Court had made certification available in Estate Planning…
Can a lawyer who is an approved Tennessee Rule 31 mediator advertise that status on the firm letterhead, and in what words?
Formal Ethics Opinion 98-F-142 concluded that a lawyer who is an approved Rule 31 mediator may state that on letterhead, but that 'Approved Rule 31 Mediator' may be misleading because it does not…
What settlement-release clauses are off-limits in Tennessee personal injury cases, including ones that limit a plaintiff lawyer's future practice?
Formal Ethics Opinion 98-F-141 addressed four release clauses in personal injury and medical malpractice settlements: confidentiality clauses are not prohibited by any disciplinary rule (the…
In Tennessee, does a lawyer's duty to protect client confidences prevail over a duty to disclose the client's fraud or perjury?
Formal Ethics Opinion 96-F-133(a) reported that the Tennessee Supreme Court rejected a proposed amendment to DR 7-102(B)(1) that would have required lawyers to disclose privileged information of a…
Can a Tennessee lawyer appointed to represent a minor seeking judicial bypass of parental consent for an abortion decline the appointment on moral, religious, or malpractice-insurance grounds?
Formal Ethics Opinion 96-F-140 addressed the duties of counsel appointed to represent a minor petitioning for judicial bypass of the parental-consent requirement for an abortion. It concluded that…
Can a Tennessee lawyer be employed by a nonlawyer company that markets and sells living-trust packages to the public, reviewing the trusts the company prepares?
Formal Ethics Opinion 96-F-139 concluded that a lawyer's participation in the described living-trust company would violate the former Code of Professional Responsibility. If the company's or its…
Can a Tennessee lawyer give business cards to a bail bondsman so the bondsman will refer criminal cases to the lawyer?
Formal Ethics Opinion 96-F-138 concluded that it is unethical for a lawyer to give a bail bondsman the lawyer's business cards and ask the bondsman to refer criminal cases. A bondsman is not among…
What specialization-certification disclosures did a Tennessee lawyer have to include when advertising a practice area, and for which areas?
Vacated. As originally issued, Formal Ethics Opinion 95-F-137 explained that under DR 2-101(C) a lawyer advertising any area of law had to include the precise certified, not-certified, or…
Can a lawyer represent an injured client and also the client's health insurer asserting a subrogation claim for the same medical bills?
Formal Ethics Opinion 95-F-136 concluded that a lawyer may represent both an injured client and the client's health insurer claiming a subrogation interest in the client's medical bills, but only if…
Are the trust accounts of a law-related or ancillary business operated by a lawyer subject to the same trust-account, overdraft-notification, and audit rules as a law practice?
Formal Ethics Opinion 94-F-135 concluded that the trust accounts of law-related ventures operated by lawyers are fully subject to the trust-overdraft notification and audit provisions of Supreme…
Can a lawyer charge a contingent fee to collect child-support arrearages, and can the lawyer loan money to the opposing party to enable payment?
Formal Ethics Opinion 94-F-134(a) reaffirmed that a lawyer collecting past-due child support may not loan funds to the adverse ex-husband to enable him to pay, because doing so gives the lawyer a…
Can a lawyer loan money to the opposing party so that party can pay the lawyer's client, and can the lawyer charge a contingent fee to collect child support?
Modified. As originally issued, Formal Ethics Opinion 94-F-134 concluded that a lawyer collecting past-due child support on a one-third contingent fee could not loan funds to the adverse ex-husband…
What must a Tennessee lawyer do when the client has committed perjury during an ongoing court proceeding and refuses to recant?
Vacated and superseded. As originally issued, Formal Ethics Opinion 93-F-133 concluded that when a client commits perjury in an ongoing proceeding, the lawyer must ask the client to recant; if the…
Can an insurance company use its own salaried in-house lawyers to represent and defend the company's individual insureds?
Vacated. As originally issued, Formal Ethics Opinion 93-F-132 concluded it was improper for in-house attorney employees of an insurance company to represent individual insureds in matters arising…
Can a practicing lawyer who also serves as a mediator or arbitrator list both roles on letterhead, an office sign, or a business card?
Formal Ethics Opinion 93-F-131 concluded that serving as an impartial arbitrator, mediator, or other ADR neutral is not engaging in 'another profession or business' within DR 2-102(E), so a lawyer…
Did Tennessee reconsider its rule that earned fees belong to the lawyer and that nonrefundable retainers are permitted with a clear understanding?
Formal Ethics Opinion 92-F-128(b) denied a request to reconsider 92-F-128(a). The request argued that the opinion lacked Code support, conflicted with the bar on commingling, allowed income…
In a bar-association divorce-mediation and legal-aid program, may lawyers represent both spouses in an irreconcilable-differences divorce?
Formal Ethics Opinion 93-F-130 advised the Knoxville Bar Association's domestic-relations mediation program that, following Formal Ethics Opinion 81-F-16, an attorney may represent both parties to…
When are advanced or flat fees 'earned' so a lawyer can keep them out of trust, and when must they be held in a trust account?
Formal Ethics Opinion 92-F-128(a) refined 92-F-128. It held that advanced or flat fees may be either earned or unearned depending on the circumstances. Unearned fees of any kind (retainer, advanced,…
What must appointed counsel do when a death-sentenced client with a history of mental illness moves to drop his post-conviction petition and be executed?
Formal Ethics Opinion 92-F-129 concluded that appointed counsel for a death-sentenced client who, with a history of mental illness, filed a pro se motion to dismiss his post-conviction petition,…
Must a lawyer hold advanced, retainer, flat, and prepaid fees in trust, and can a retainer be nonrefundable?
Formal Ethics Opinion 92-F-128 concluded that all unearned attorney fees of any kind, including retainer, advanced, general, special, flat, and prepaid fees and advanced costs and expenses, are…
Browse Board of Professional Responsibility of the Supreme Court of Tennessee opinions by topic
Legal ethics opinions from the Board of Professional Responsibility of the Supreme Court of Tennessee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. Under Tennessee Supreme Court Rule 9, § 5.4, a formal ethics opinion binds the Board of Professional Responsibility and the person who requested it, and is guidance other lawyers may rely on. Informal opinions from Disciplinary Counsel bind no one. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.