The Tennessee Supreme Court recently approved a new §10.01 to its Rule 7 allowing in-house counsel to provide legal services to their employer without a Tennessee law license. This new rule will apply only to lawyers not licensed in Tennessee and should relieve some of the administrative burdens for Tennessee companies that hire in-house lawyers from out-of-state.

Effective Jan. 1, 2010, in-house counsel with a continuous presence in Tennessee but licensed to practice law in other jurisdictions must register with the Board of Law Examiners within 180 days of employment, or, if already employed, within 180 days of the Rule’s effective date. Upon registration, in-house counsel will not be required to have a Tennessee law license and may provide legal services to their employers, or other organizational affiliates, as well as other employees, officers and directors of such entities regarding matters directly related to their employment.

It is important to note that registered in-house counsel may not appear before a court or any other tribunal, unless otherwise permitted, nor are they permitted to provide legal services or advice to any person unaffiliated with their employer. Registered in-house counsel are responsible for paying all fees and complying with all CLE requirements of active members of the bar, must register with the Tennessee Board of Professional Responsibility, and are subject to the jurisdiction of the Tennessee Rules of Professional Conduct and all other laws and rules governing lawyers admitted to active practice, including those regarding pro bono service.

The Board of Law Examiners will begin accepting applications from in-house lawyers on Jan. 1, 2010. Background checks will not be administered for applicants, which should permit the registration process to be completed within 30 days. Although a proposed application form has not been made available, the form is expected to be similar to the form presently used by comity applicants.

This new rule is based on the American Bar Association’s Model Rule for Registration of In-House Counsel. Further information is expected to be added to the Board of Law Examiners website when available.

For more information on this new rule please contact, MaryEllen Pickrell, Frank Grace or Dan Beasley at
800-487-6380.


The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance.