# Tenn. Sup. Ct. R. 7: Rule 7. Licensing of Attorneys

> Tennessee · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_TN_TNSUPCTR_R7

## Section

- **Citation:** Tenn. Sup. Ct. R. 7
- **Heading:** Rule 7. Licensing of Attorneys
- **Jurisdiction:** Tennessee
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Tennessee Court Rules / Tennessee Supreme Court Rules / Tenn. Sup. Ct. R. 7

## Text

PREFACE
The Board of Law Examiners for the State of Tennessee (the “Board”) is created as a part of the judicial branch of government by the Supreme Court of Tennessee under its inherent authority to regulate courts. The Supreme Court appoints the members of the Board and has general supervisory authority over the Board’s actions. The Supreme Court controls admission to the practice of law and acts on the basis of the Board's Certificate of Eligibility.
ARTICLE I. ADMISSION TO THE BAR OF TENNESSEE
Sec. 1.01. Prerequisites to Engaging in Practice of Law or Law Business.
No person shall engage in the “practice of law” or the “law business” in Tennessee as defined in Tenn. Code Ann. § 23-3-101 and Tenn. Sup. Ct. R. 9, § 10.3(e), except under the authority of the Supreme Court, unless the person:
(a) has been:
(1) admitted to the bar of the Supreme Court in accordance with Tenn. Sup. Ct. R. 6; and
(2) issued a license by the Supreme Court in accordance with this Rule and after having been administered the oath in accordance with Tenn. Sup. Ct. R. 6 as set forth in this Rule; or
(b) has been granted permission to engage in special or limited practice under sections 10.01, 10.02, 10.03, 10.04, 10.06, or 10.07 of this Rule; or
(c) is practicing in compliance with Tenn. Sup. Ct. R. 8, RPC 5.5(c), Tenn. Sup. Ct. R. 8, RPC 5.5(d), or Tenn. Sup. Ct. R. 19 (pro hac vice).
Sec. 1.02. License; Certificate of Eligibility Required.
The Supreme Court shall grant a license evidencing admission to the bar of Tennessee only upon presentation of a Certificate of Eligibility issued by the Board under section 9.01 of this Rule. The applicant shall comply with Tenn. Sup. Ct. R. 6 and obtain the license on or before the first of the following to occur:
(a) expiration of bar examination or transferred Uniform Bar Examination ("UBE") scores as provided in sections 3.05(b) and 4.07(c); or
mission to the bar of Tennessee only upon presentation of a Certificate of Eligibility issued by the Board under section 9.01 of this Rule. The applicant shall comply with Tenn. Sup. Ct. R. 6 and obtain the license on or before the first of the following to occur:
(a) expiration of bar examination or transferred Uniform Bar Examination ("UBE") scores as provided in sections 3.05(b) and 4.07(c); or
(b) two years from:
(1) the date of the notice that the applicant successfully passed the bar examination; or
(2) the date of the notice of the Board’s approval of the application for admission under section 3.05, section 5.01, or 10.06 of this Rule.
(c) All background investigations are invalid upon expiration of the two-year period under section 6.03. If the investigation expires after issuance of the Certificate of Eligibility but before licensing and expiration of scores, the applicant must request a supplemental background investigation as provided in section 6.03(b).
Sec. 1.03. Criteria for Issuance of the Certificate of Eligibility.
The Board shall issue a Certificate of Eligibility under section 9.01 of this Rule only after determining that the applicant:
(a) is at least eighteen years old;
(b) has satisfied the educational requirements for admission specified by this Rule;
(c) has achieved the minimum score on the Uniform Bar Examination required in Tennessee for admission under section 3.01 or section 3.05, or is eligible for admission without examination in Tennessee as hereinafter provided in section 5.01, section 10.06, or section 10.06;
(d) has achieved a passing score on the Multistate Professional Responsibility Examination as provided in section 4.07(d);
(e) has demonstrated the reputation, character, honesty, respect for the rights of others, due respect for the law, and the fitness to practice law, that in the opinion of the Board indicates no reasonable basis for substantial doubts that the applicant will adhere to the standards of conduct  required of attorneys in this State;
fessional Responsibility Examination as provided in section 4.07(d);
(e) has demonstrated the reputation, character, honesty, respect for the rights of others, due respect for the law, and the fitness to practice law, that in the opinion of the Board indicates no reasonable basis for substantial doubts that the applicant will adhere to the standards of conduct  required of attorneys in this State;
(f) has certified that he or she has read and is familiar with the Tennessee Rules of Professional Conduct;
(g) has completed the Tennessee Law Course as provided in section 1.07;
(h) has paid all fees for licensing and admission to this Board, the Clerk of the Supreme Court, and the Board of Professional Responsibility; and
(i) has evidenced a commitment to serve the administration of justice in this State.
Sec. 1.04. Waiver of Examination.
The requirement to pass the Tennessee bar examination or provide a passing a UBE score may be waived for an applicant who has been admitted to practice in another state in the United States, the District of Columbia, or a U.S. Territory, provided that the applicant satisfies all requirements for admission without examination as specified in this Rule.
Sec. 1.05. Status of Persons Admitted.
All persons admitted to the bar of Tennessee are by virtue of such admission: (a) officers of the courts of Tennessee, eligible for admission to practice in any state court in Tennessee, and entitled to engage in the “practice of law” or the “law business” as defined in section 1.01 of this Rule; and (b) subject to the duties and standards imposed from time to time on attorneys in this State.
Sec. 1.06. Existing Licenses.
Nothing in this Rule shall be construed as requiring the relicensing of persons holding valid licenses to practice in Tennessee as of the date of the adoption of this Rule.
Sec. 1.07. Tennessee Law Course.
The Tennessee Law Course is intended to provide instruction in specific areas of Tennessee law not addressed by the Uniform Bar Exam.
me on attorneys in this State.
Sec. 1.06. Existing Licenses.
Nothing in this Rule shall be construed as requiring the relicensing of persons holding valid licenses to practice in Tennessee as of the date of the adoption of this Rule.
Sec. 1.07. Tennessee Law Course.
The Tennessee Law Course is intended to provide instruction in specific areas of Tennessee law not addressed by the Uniform Bar Exam.
(a) The following applicants to the bar of Tennessee must successfully complete the Tennessee law course before an applicant is eligible for admission to the Tennessee bar:
(1) Section 3.01, Admission by Examination,
(2) Section 3.05, Admission by Transferred Uniform Bar Examination Score,
(3) Section 5.01, Admission Without Examination, or
(4) Section 10.06, Temporary License of Spouse of Military Service member.
(b) The Supreme Court shall determine the content of the Tennessee Law Course.
(c) The Board shall administer the Tennessee Law Course.
(d) The fee for the Tennessee Law Course shall be included in the Schedule of Fees promulgated by the Board of Law Examiners under section 11.01 of this Rule. The fee is in addition to fees charged for the application for admission to practice law. Applicants must pay the fee to the Board before receiving access to the Tennessee Law Course.
(e) The Tennessee Law Course shall be a digital-exclusive course that shall be reasonably accessible to applicants. The applicant shall ensure the adequacy of the applicant's hardware, software, and internet connection.
(f) The Board shall provide applicants with instructions regarding access to the Tennessee Law Course as follows:
(1) Applicants seeking admission under section 3.01 (by examination) shall receive instructions upon completion of the bar examination.
(2) Applicants seeking admission under section 3.05 (transferred UBE score), section 5.01 (without examination) or section 10.06 (spouse of military service member) will receive instructions upon receipt of the completed character and fitness investigation from NCBE.
Applicants seeking admission under section 3.01 (by examination) shall receive instructions upon completion of the bar examination.
(2) Applicants seeking admission under section 3.05 (transferred UBE score), section 5.01 (without examination) or section 10.06 (spouse of military service member) will receive instructions upon receipt of the completed character and fitness investigation from NCBE.
(g) The Tennessee Law Course must be successfully completed within one year of the date that the applicant completes all other requirements to be eligible for a Tennessee law license. Any applicant who successfully completes the Tennessee Law Course but does not complete all other requirements for eligibility to obtain a law license within such one-year period must repeat the Tennessee Law Course before admission.
(h) The Tennessee Law Course is not continuing legal education. No fee under Rule 21, section 8.02 shall be imposed on the Board or any applicant.
(i) No person holding a valid Tennessee license as of the effective date of this Rule shall be required to take the Tennessee Law Course.
ARTICLE II. EDUCATIONAL REQUIREMENTS FOR ADMISSION
Sec. 2.01. Bachelor’s Degree.
(a) Any applicant seeking admission must have received a Bachelor's Degree or higher from a college on the approved list of the Southern Association of Colleges and Secondary Schools, or the equivalent regional accrediting association, or any accreditation agency imposing at least substantially equivalent standards. As part of the application for admission, an applicant shall provide evidence of the degree in the form required by the Board.
(b ) To be eligible to take the exam, an applicant shall provide evidence of the degree, earned before the examination, in the form required by the Board.
nt regional accrediting association, or any accreditation agency imposing at least substantially equivalent standards. As part of the application for admission, an applicant shall provide evidence of the degree in the form required by the Board.
(b ) To be eligible to take the exam, an applicant shall provide evidence of the degree, earned before the examination, in the form required by the Board.
(c) The Board in its discretion may waive the requirement of a degree from an accredited undergraduate school if the applicant has graduated with a Juris Doctor Degree ("J.D. Degree") from either: (1) a law school accredited by the American Bar Association (hereafter “ABA”) or (2) a Tennessee law school approved by the Board pursuant to section 17.01 of this Rule, and the applicant submits a request for waiver and provides the Board satisfactory evidence that his or her undergraduate education is substantially equivalent to an undergraduate degree awarded by a regional accrediting association.
Sec. 2.02. Legal Education Degree Requirements.
(a) Any applicant seeking must have completed a course of instruction in and graduated with a J.D. Degree from a law school accredited by the ABA at the time of applicant’s graduation, or a Tennessee law school approved by the Board pursuant to section 17.01 of this Rule at the time of the applicant’s graduation.
(b) To be eligible to take the examination, an applicant must cause to be filed as part of the application a certificate from the dean or supervising authority of the school of law in which the applicant is enrolled or from which the applicant graduated, certifying that either the school is accredited by the ABA or the school is a Tennessee law school that has been approved by the Board under section 17.01 of this Rule and that:
(1) the applicant has completed all the requirements for graduation, or
(2) the applicant will have the number of credit hours required for graduation by the date of the bar examination.
from which the applicant graduated, certifying that either the school is accredited by the ABA or the school is a Tennessee law school that has been approved by the Board under section 17.01 of this Rule and that:
(1) the applicant has completed all the requirements for graduation, or
(2) the applicant will have the number of credit hours required for graduation by the date of the bar examination.
(c) Any applicant seeking admission by transferred UBE score under section 3.05, without examination under section 5.01, or as the spouse of a military servicemember under section 10.06 shall provide evidence of the J.D. Degree in the form required by the Board.
(d) An attorney who received a legal education in the United States or a U.S. Territory but is ineligible for admission because the law school attended does not meet the requirements of paragraph (a) above may be considered for admission by examination or transferred UBE score provided the attorney satisfies the following educational, licensing, and practice requirements:
(1) The attorney holds a J.D. Degree, which is based on in-person attendance, from a law school approved by an authority similar to the Tennessee Board of Law Examiners in the jurisdiction where the law school exists and which requires the equivalent of a three-year course of study that is the substantial equivalent of the legal education provided by approved law schools located in Tennessee.
(A) The applicant shall bear the cost of the evaluation of his or her legal education, as determined and as required by the Board, and the applicant shall not be eligible to sit for the bar examination until the applicant’s legal education is approved by the Board
e-year course of study that is the substantial equivalent of the legal education provided by approved law schools located in Tennessee.
(A) The applicant shall bear the cost of the evaluation of his or her legal education, as determined and as required by the Board, and the applicant shall not be eligible to sit for the bar examination until the applicant’s legal education is approved by the Board.
(B) In evaluating the education received the Board shall consider, but not be limited to, such factors as the similarity of the curriculum taken to that offered in law schools approved by the ABA and that the school at which the applicant's legal education was received has been examined and approved by other state bar associations examining the legal qualification of non-ABA law school graduates; and
(2) The attorney has passed a bar examination equivalent to that required by Tennessee in the state in which the law school exists; and
(3) The attorney has been primarily engaged in the active practice of law, as defined in section 5.01(c) of this Rule, in one or more states or territories of the United States, or the District of Columbia, for three of the five years immediately preceding the date upon which the application is filed; and
(4) The attorney meets all other requirements contained in the Rules of the Supreme Court of Tennessee pertaining to Admission of Persons to Practice Law.
(e) No correspondence course will be accepted by the Board as any part of an applicant’s legal education to meet the requirements of this Rule. Distance, on-line, or other instruction that is not in person will be accepted as part of the curriculum at an ABA-accredited or Tennessee-approved law school only to the extent permitted by the ABA for accredited law schools without approval of a substantive change, or up to 100% of the curriculum for law schools approved by the ABA to offer distance-learning programs
e requirements of this Rule. Distance, on-line, or other instruction that is not in person will be accepted as part of the curriculum at an ABA-accredited or Tennessee-approved law school only to the extent permitted by the ABA for accredited law schools without approval of a substantive change, or up to 100% of the curriculum for law schools approved by the ABA to offer distance-learning programs. The ABA permits distance learning without approval of a substantive change as provided in Definitions 7 and 8 and Standards 306, 311, and 511 of the Standards and Rules of Procedure for Approval of Law Schools.
ARTICLE III. APPLICATION FOR ADMISSION BY EXAMINATION SCORE
Sec. 3.01. Application for Admission by Examination.
(a) Any applicant submitting an application for admission by examination shall provide evidence in the form and following the process established by the Board that the applicant:
(1) meets the educational requirements imposed under sections 2.01 and 2.02 of this Rule;
(2) meets the Character and Fitness Standard under section 6.01 required of all applicants for admissionto practice law in this jurisdiction;
(3) is a member in good standing in all jurisdictions in which the applicant is admitted, if any;
(4) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any or other jurisdiction; and
(5) has not engaged in the unauthorized practice of law in this or any other jurisdiction.
1 required of all applicants for admissionto practice law in this jurisdiction;
(3) is a member in good standing in all jurisdictions in which the applicant is admitted, if any;
(4) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any or other jurisdiction; and
(5) has not engaged in the unauthorized practice of law in this or any other jurisdiction.
(b) An applicant for admission by examination shall:
(1) file an application for admission by examination in the manner established by the Board and within the time limits prescribed by this Rule;
(2) submit a certificate of admission from the highest court of each jurisdiction in which the applicant is admitted;
(3) submit a certificate of good standing from each jurisdiction in which the applicant is admitted; and
(4) pay the application fee as adopted pursuant to section 11.01 of this Rule.
Sec. 3.02. Obligation to Amend.
Until an applicant is admitted to the Tennessee bar, or the application is denied by the Board or voluntarily withdrawn, the applicant is under a continuing obligation to update responses to any of the information requested in the application process.  Whenever there is an addition or a change to the information previously provided to the Board, the applicant must amend his or her application by filing an amendment or supplemental application as prescribed by the Board. Applications that have been on file for two years or more must be supplemented every two years until such time as the Applicant is admitted, has been denied admission, or has withdrawn the application for admission.
Sec. 3.03. Date for Filing Application for Examination or Reexamination.
The process for submitting an application for admission examination shall begin on March 1 for the July examination and October 1 for the February examination.
s or more must be supplemented every two years until such time as the Applicant is admitted, has been denied admission, or has withdrawn the application for admission.
Sec. 3.03. Date for Filing Application for Examination or Reexamination.
The process for submitting an application for admission examination shall begin on March 1 for the July examination and October 1 for the February examination.
(a) Deadlines:
(1) The last day to submit an application and pay the fee shall be May 1 for taking the July examination and December 1 for taking the February examination (the “Application Deadline”).
(2) The application process shall be completed no later than May 20 for taking the July examination and December 20 for taking the February examination (the “Final Deadline”).
(b) For an applicant to be eligible to sit for the bar examination, the applicant must meet the following deadlines:
(1) The correct application must be submitted by the Application Deadline;
(2) The fee due under the Fee Schedule provided in section 11.01 must be paid by the Application Deadline;
3) All supporting documentation required to complete the application process, including all steps necessary to initiate the background investigation required in section 6.03(b) of this Rule, must be completed by the Final Deadline.
The Board shall detail the application process and list the items necessary for a complete application in the Board Policies and Procedures. Steps in the application process shall be listed on the Board’s website.
(c) Original documents that must be provided to the Board by a third party must be received on or before the deadline.
(d) Applicants who have not completed the application process by the deadline are ineligible to sit for the examination. The only recourse for failure to complete the application process is to reapply for the next examination.
Sec. 3.04. Expiration of Application for Admission on Exam Score.
l documents that must be provided to the Board by a third party must be received on or before the deadline.
(d) Applicants who have not completed the application process by the deadline are ineligible to sit for the examination. The only recourse for failure to complete the application process is to reapply for the next examination.
Sec. 3.04. Expiration of Application for Admission on Exam Score.
(a) An application for admission by examination, re-examination, or transferred UBE score expires and closes upon the earlier of:
1) admission and issuance of a license;
(2) withdrawal of the application by the applicant;
(3) denial of a license under Section 9.05;
(4) thirty days after the entry of the final order denying the application in whole or in part on the failure of the applicant to meet the Character and Fitness Standard required of attorneys admitted to practice law, absent a petition under section 14.01 and then upon resolution of the petition by the Supreme Court;
(5) thirty days after the entry of the final order denying an application for admission by transferred UBE score for failure to meet eligibility requirements, absent a petition under section 14.01 and then upon resolution of the petition by the Supreme Court;
(6) expiration of exam or UBE scores;
(7) six month after the last communication from the Board, following completion of the background investigation, and which remains unanswered by an applicant for admission by transferred UBE score; or
(8) three years after the last submitted application for examination or re-examination.
(b) To withdraw an application, an applicant shall submit a notice of withdrawal of application and affirmatively state that the applicant is no longer seeking admission in Tennessee.
Sec. 3.05. Admission by Transferred Uniform Bar Examination Score.
ed by an applicant for admission by transferred UBE score; or
(8) three years after the last submitted application for examination or re-examination.
(b) To withdraw an application, an applicant shall submit a notice of withdrawal of application and affirmatively state that the applicant is no longer seeking admission in Tennessee.
Sec. 3.05. Admission by Transferred Uniform Bar Examination Score.
(a) Any applicant for admission who has taken the UBE in another jurisdiction may be admitted to the practice of law in this state by transferred UBE score, upon showing that the applicant:
(1) has taken the entire UBE in a single administration in another jurisdiction and earned a total UBE scaled score equal to or greater than the minimum score required to be achieved by successful Tennessee UBE applicants and that such score has not expired as proved in section 4.07(c);
(2) meets the educational requirements pursuant to sections 2.01 and 2.02;
(3) is a member in good standing in all jurisdictions in which applicant is currently admitted;
(4) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;
(5) meets the Character and Fitness Standard under section 6.01 required of all applicants for admission to practice law in this jurisdiction; and
(6) has not engaged in the unauthorized practice of law in this or any other jurisdiction.
(b) An applicant who has achieved a UBE scaled score equal to or greater than the minimum score required to be achieved by successful Tennessee UBE applicants that has expired pursuant to section 4.07(c), but is not more than five years from the date grades were released in Tennessee for the exam administration for which the score was earned, may apply for admission on transferred UBE score provided the attorney is licensed in another jurisdiction in the United States and has been primarily engaged in the active practice of law, as defined in section 5.01(c) of this Rule, in one or more states or territories of the United State
s from the date grades were released in Tennessee for the exam administration for which the score was earned, may apply for admission on transferred UBE score provided the attorney is licensed in another jurisdiction in the United States and has been primarily engaged in the active practice of law, as defined in section 5.01(c) of this Rule, in one or more states or territories of the United States, or the District of Columbia, for three of the five years immediately preceding the date upon which the application is filed or the UBE score expired, whichever is later. An applicant seeking admission on a UBE score that was expired at the time application is made or that expires while the application is pending must demonstrate sufficient time in practice prior the final expiration of the score, as provided in section 4.07(c).
(c) An applicant for admission by transferred UBE score shall:
(1) file an application for admission on transferred UBE score, including character investigation information, in the manner established by the Board, including submission of all required documents in the appropriate format;
(2) has requested transfer of the score from the jurisdiction where the score was achieved or from the National  Conference of Bar Examiners directly to the Tennessee Board of Law Examiners;
(3) submit a certificate of admission from the highest court of each jurisdiction to which the applicant has been admitted;
(4) submit a certificate of good standing from each jurisdiction to which the applicant has been admitted; and
r of the score from the jurisdiction where the score was achieved or from the National  Conference of Bar Examiners directly to the Tennessee Board of Law Examiners;
(3) submit a certificate of admission from the highest court of each jurisdiction to which the applicant has been admitted;
(4) submit a certificate of good standing from each jurisdiction to which the applicant has been admitted; and
(5) pay the application fee as adopted pursuant to section 11.01 of this Rule.
Sec. 3.06. [Reserved.]
Sec. 3.07.
[Reserved.]
Sec. 3.08. [Reserved.]
Sec. 3.09. [Reserved.]
Sec. 3.10. No Discretion to Waive Filing Dates.
Neither the Executive Director nor the Board shall have discretion to waive or extend the dates for filing applications to take the examination specified in section 3.03 of this Rule. An applicant aggrieved by an action of the Board denying an application under section 3.03 shall not be entitled to petition the Supreme Court for a review of said action.
Sec. 3.11. Applicants Requiring Non-Standard Testing Accommodations.
The bar examination shall be administered to all eligible applicants in a manner that does not discriminate against applicants with non-standard testing needs. An applicant who is otherwise eligible to take the Tennessee bar examination may request a modification of the manner in which the examination is administered if such applicant is unable to take the examination under normal testing conditions. The Board shall adopt a policy regarding applicants requiring non-standard testing accommodations pursuant to section 12.05 of this Rule. An applicant requesting non-standard testing accommodations shall complete and submit the documents prescribed by the Board by the application deadline set forth in section 3.03 of this Rule, except when the disability first occurs after the filing deadline
ons. The Board shall adopt a policy regarding applicants requiring non-standard testing accommodations pursuant to section 12.05 of this Rule. An applicant requesting non-standard testing accommodations shall complete and submit the documents prescribed by the Board by the application deadline set forth in section 3.03 of this Rule, except when the disability first occurs after the filing deadline. Because the forms and procedures are detailed, requiring the applicant to attach statements from law school officials and treating professionals, any applicant requesting non-standard testing conditions is encouraged to request, complete, and submit the application for admission by examination and the necessary request for non-standard testing and related forms to the Board as early as possible to permit an evaluation of the request. To the extent practicable, any accommodations requested shall be consistent with the security and integrity of the examination. The Board may transmit the application for non-standard testing or refer the applicant to an appropriate professional selected by the Board for assessment and recommendations regarding the accommodation to grant. By submitting a request for non-standard testing, the applicant agrees to the release of the application to an appropriate professional and agrees to appear for assessment, if requested to do so by the Board.
ARTICLE IV. THE EXAMINATION
Sec. 4.01. The Purpose of the Examination.
The purpose of the examination is to enable applicants to demonstrate to the Board that they possess the knowledge, skills and abilities basic to competence in the profession.
Sec. 4.02. The Structure of the Examination.
The Board shall test applicants by administering the UBE prepared by the National Conference of Bar Examiners which consists of six Multistate Essay Examination questions, two Multistate Performance Test questions, and the 200 multiple choice question Multistate Bar Examination
s the knowledge, skills and abilities basic to competence in the profession.
Sec. 4.02. The Structure of the Examination.
The Board shall test applicants by administering the UBE prepared by the National Conference of Bar Examiners which consists of six Multistate Essay Examination questions, two Multistate Performance Test questions, and the 200 multiple choice question Multistate Bar Examination. The Board may contract with the National Conference of Bar Examiners or others to provide test materials.
Sec. 4.03. The Dates and Places of Giving the Examination.
The examination shall be given in February and July of each year at any one or more of the following places: Memphis, Nashville, Chattanooga and Knoxville, provided an examination is held at least once a year in each of the three grand divisions. The Court, in its discretion, may substitute another location in the same grand division for a city named in the preceding sentence.
Sec. 4.04. Reserved.
Sec. 4.05. Re-examination.
An applicant who is unsuccessful on the examination may apply for re-examination by completing the application process under section 3.01 and paying the required fee. After the deadline for completion of the application process, the Board, in its discretion, will determine whether an applicant who has failed the bar examination will be permitted to take another examination.
Sec. 4.06. Effect of Taking Examination on Eligibility for Admission.
The fact that an applicant is allowed to take the examination shall not preclude further inquiries, investigation or proceedings with respect to the other criteria for admission under this Rule.
Sec. 4.07. Grading the Examination and Score Expiration.
(a) The Board shall continue to maintain procedures which assure that the identity of each applicant in the grading process is not known to any person having responsibility for grading or determining whether the applicant passes or fails until the grades of all applicants have been finally determined.
criteria for admission under this Rule.
Sec. 4.07. Grading the Examination and Score Expiration.
(a) The Board shall continue to maintain procedures which assure that the identity of each applicant in the grading process is not known to any person having responsibility for grading or determining whether the applicant passes or fails until the grades of all applicants have been finally determined.
(b) The minimum bar examination score required for a successful examination will be adopted as a statement of policy and approved by the Supreme Court pursuant to section 12.05 of this Rule.
(c) Bar examination scores earned in Tennessee, whether by means of the former Tennessee bar examination or the UBE, are valid to determine eligibility for licensing for three years after the date grades are released. The scores expire after three years. A UBE score transferred to Tennessee is valid for three years from the date grades were released in Tennessee for the exam administration for which the score was earned unless the UBE score can be used for admission under section 3.05(b). A UBE score that was earned five or more years from the date grades were released in Tennessee for the exam administration for which the score was earned is not valid for admission to Tennessee.
(d) In order for an applicant by examination or transferred UBE score to be determined eligible for licensing pursuant to section 9.01, a score equal to or greater than that required by Tennessee on the Multistate Professional Responsibility Examination ("MPRE") must be achieved no more than two years before earning a qualifying UBE score that is being used for admission in Tennessee under sections 3.01 or 3.05 of this Rule; provided, however, that an applicant who:
(1) is licensed by examination in another state in the United States, the District of Columbia or a U.S. Territory;
(2) provides certification that the license is active and in good standing; and
t be achieved no more than two years before earning a qualifying UBE score that is being used for admission in Tennessee under sections 3.01 or 3.05 of this Rule; provided, however, that an applicant who:
(1) is licensed by examination in another state in the United States, the District of Columbia or a U.S. Territory;
(2) provides certification that the license is active and in good standing; and
(3) achieved a score equal to or greater than the score required by Tennessee on the MPRE two or more years before successful completion of the Tennessee bar examination
may provide proof of the earlier score to satisfy the MPRE requirement. It is the responsibility of the applicant to cause MPRE score reports to be furnished to the Board. The minimum MPRE score will be adopted as a statement of policy and approved by the Supreme Court pursuant to section 12.05 of this Rule.
4.08 Voluntary Withdrawal from the Examination
(a) An applicant may withdraw from the examination at any time prior to the start of the examination by providing written notice of withdrawal from the examination to the Board.
(b)Once the examination begins, an applicant may withdraw from the examination by written notice to the Board or by failing to appear at any session of the examination.
(c) An applicant who fails to appear for a session of the examination will be withdrawn from the exam and not be permitted to appear for any subsequent session of the examination.
(d) No one may withdraw from the examination after completing all sections of theexamination.
(e) Refund of fees is permitted only to the extent provided in section 11.03 of this Rule.
ARTICLE V. PERSONS ADMITTED IN OTHER JURISDICTIONS SEEKING WAIVER OF EXAMINATION
Sec. 5.01. Minimum Requirements for Admission Without Examination of Persons Admitted in Other Jurisdictions.
sion of the examination.
(d) No one may withdraw from the examination after completing all sections of theexamination.
(e) Refund of fees is permitted only to the extent provided in section 11.03 of this Rule.
ARTICLE V. PERSONS ADMITTED IN OTHER JURISDICTIONS SEEKING WAIVER OF EXAMINATION
Sec. 5.01. Minimum Requirements for Admission Without Examination of Persons Admitted in Other Jurisdictions.
(a)
Requirements.
An applicant who meets the requirements of (1) through (7) of this paragraph may be admitted to the practice of law in this jurisdiction without examination (comity). The applicant shall:
(1) meet the educational requirements imposed under sections 2.01 and 2.02 of this Rule;
2) have been admitted by bar examination to practice law in one or more states or territories of the United States, or the District of Columbia;
(3) have been primarily engaged in the active practice of law, as defined below, in one or more states or territories of the United States, or the District of Columbia, for five of the seven years immediately preceding the date upon which the application is filed;
(4) establish that the applicant is currently a member in good standing in all jurisdictions where admitted;
(5) establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;
(6) establish that the applicant meets the Character and Fitness Standard under Section 6.01 required of all applicants for admission to practice law in this jurisdiction; and
(7) submit an application under paragraph (e) of this section before establishing an office or other systemic and continuous presence in this jurisdiction for the practice of law pursuant to Tenn. Sup. Ct. R. 8, RPC 5.5(b)(1).
) establish that the applicant meets the Character and Fitness Standard under Section 6.01 required of all applicants for admission to practice law in this jurisdiction; and
(7) submit an application under paragraph (e) of this section before establishing an office or other systemic and continuous presence in this jurisdiction for the practice of law pursuant to Tenn. Sup. Ct. R. 8, RPC 5.5(b)(1).
(b)
Diploma Privilege.
An applicant who was admitted and licensed to practice in another state pursuant to a “diploma privilege,” which exempts an applicant from taking a bar examination, and who has not been admitted by examination or transferred UBE score in any other state in the United States, the District of Columbia, or a U.S. Territory in which the applicant is in good standing, may seek a waiver of subsection (a)(2) by filing a petition with the Board as provided in section 13.02, setting forth the reasons why the applicant should be admitted to practice law in Tennessee. The petition shall include information upon which the Board can assess the applicant's reputation, character, knowledge, skills and abilities. The Board shall then conduct a hearing in response to the petition, according to the guidelines set forth in section 13.03 of this Rule. After considering the totality of the proof presented, the Board shall make a recommendation to the Supreme Court either for approval or denial of the petition or for such other action as the Board may deem appropriate. Any applicant whose petition for waiver of subsection (a)(1) is denied by the Board may file a petition for review in the Supreme Court pursuant to the procedures set forth in section 14.01.
idering the totality of the proof presented, the Board shall make a recommendation to the Supreme Court either for approval or denial of the petition or for such other action as the Board may deem appropriate. Any applicant whose petition for waiver of subsection (a)(1) is denied by the Board may file a petition for review in the Supreme Court pursuant to the procedures set forth in section 14.01.
(c)
Active Practice of Law.
(1) For the purposes of this Rule, in addition to the definitions of “Practice of Law” and “Law Business” in section 1.01 of this Rule, the “active practice of law” shall include the following activities, if performed in a jurisdiction in which the applicant is admitted, or if performed in a jurisdiction that permits such activity by a lawyer not admitted to practice:
(A) private or public practice of law as a licensed attorney;
(B) teaching law at a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association;
(C) service as a judicial law clerk or staff attorney;
(D) service as a Judge in a federal, state or local court of record;
(E) service as Attorney General or Assistant Attorney General, Public Defender, U.S. Attorney, District Attorney, or an attorney or general counsel for a local, state, or federal agency, including military services;
(F) service as in-house counsel, provided that the attorney is duly registered under a rule similar to section 10.01 of this Rule if required in the jurisdiction in which the services were provided; and
(G) practice as a Military Spouse under a license approved similar to that awarded under section 10.06 of this Rule in the jurisdiction in which the services were provided.
uding military services;
(F) service as in-house counsel, provided that the attorney is duly registered under a rule similar to section 10.01 of this Rule if required in the jurisdiction in which the services were provided; and
(G) practice as a Military Spouse under a license approved similar to that awarded under section 10.06 of this Rule in the jurisdiction in which the services were provided.
(2) For the purposes of this Rule, in addition to the definitions of “Practice of Law” and “Law Business” in section 1.01 of this Rule, the “active practice of law” may be construed in the Board’s discretion as being actively engaged in other employment requiring interpretation of law and application of legal knowledge if performed in a jurisdiction in which the applicant is admitted, or if performed in a jurisdiction that permits such activity by a lawyer not admitted to practice. The Board shall consider such evaluative criteria as time devoted to legal work, the nature of the work, whether legal training or a law license was a prerequisite of employment, and other similar matters.
(3)  For work to meet the requirement of "active practice of law," the lawyer must have been licensed, in active status and in good standing in at least one jurisdiction at the time the work was performed, unless the work was performed pursuant to paragraph (c)(1)(B). In no event shall any activities that were performed pursuant to a provision similar to section 10.04 or section 10.07 of this Rule in advance of bar admission in a state or territory of the United States or the District of Columbia be accepted toward the durational requirement.
(d)
Unauthorized Practice of Law.
For purposes of this Rule, the active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located.
d States or the District of Columbia be accepted toward the durational requirement.
(d)
Unauthorized Practice of Law.
For purposes of this Rule, the active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located.
(e)
Admission Without Examination Application and Fees.
Any applicant seeking admission without examination to the practice of law in Tennessee shall:
(1) file an application for admission without examination, including character investigation information, in a manner established by the Board, including all required supporting documents;
(2) submit a certificate of admission from the highest court of each jurisdiction to which applicant has been admitted;
(3) Submit a certificate of good standing from each jurisdiction to which the applicant has been admitted; and
(4) pay the application fee as adopted under section 11.01 of this Rule.
(f) An applicant under this section who establishes an office or other systemic and continuous presence in this jurisdiction for the practice of law shall register for practice pending admission under section 10.07 unless the practice of law meets an exception under Tenn. Sup. Ct. R. 8, RPC 5.5.
Sec. 5.02. Additional Considerations.
In determining whether an applicant satisfies the requirements of section 5.01 of this Rule, the Board shall consider any evidence submitted by the applicant in an effort to demonstrate that the applicant possesses the knowledge, skill and abilities basic to competence in the profession.
Sec. 5.03. Expiration of Application for Admission Without Examination.
.
Sec. 5.02. Additional Considerations.
In determining whether an applicant satisfies the requirements of section 5.01 of this Rule, the Board shall consider any evidence submitted by the applicant in an effort to demonstrate that the applicant possesses the knowledge, skill and abilities basic to competence in the profession.
Sec. 5.03. Expiration of Application for Admission Without Examination.
(a) An application for admission without examination (comity) expires and closes upon the earlier of:
(1) admission and issuance of a license;
(2) withdrawal of the application by the applicant;
(3) denial of a license under Section 9.05;
(4) thirty days after the entry of an order denying the application in whole or in part for failure of the applicant to meet the Character and Fitness Standard required of attorneys admitted to practice law, absent a petition under Section 14.01 and then upon resolution of the petition by the Supreme Court;
(5) thirty days after the entry of the final order denying the application for admission without examination (comity) for failure to meet eligibility requirements absent a petition under Section 14.01 and then upon resolution of the petition by the Supreme Court; or
(6) six months after the last communication from the Board, whether sent by mail or electronically, which remains unanswered by the applicant.
(b) To withdraw an application, an applicant shall submit a notice of withdrawal of application and affirmatively state that the applicant is no longer seeking admission in Tennessee.
Sec. 5.04. Obligation to Amend.
Until an applicant is admitted to the Tennessee bar, or the application is denied by the Board or voluntarily withdrawn, the applicant is under a continuing obligation to update responses to any of the information requested in the application process
of withdrawal of application and affirmatively state that the applicant is no longer seeking admission in Tennessee.
Sec. 5.04. Obligation to Amend.
Until an applicant is admitted to the Tennessee bar, or the application is denied by the Board or voluntarily withdrawn, the applicant is under a continuing obligation to update responses to any of the information requested in the application process. Whenever there is an addition or a change to the information previously provided to the Board, the applicant must amend his or her application by filing an amendment or supplemental application as prescribed by the Board. An applicant whose application has been on file for two years or more
and that has not expired as provided in section 5.03
, must submit an application for supplement investigation to the NCBE every two years until such time as the Applicant is admitted, has been denied admission, or has withdrawn the application for admission.
ARTICLE VI. CHARACTER AND FITNESS INVESTIGATION
Sec. 6.01. Character and Fitness Standard.
(a) An applicant shall not be admitted if the Board finds reasonable doubt as to that applicant’s reputation, character, honesty, respect for the rights of others, fitness to practice law, and adherence to and obedience to the Constitution and laws of Tennessee and the United States and concludes that such applicant is not likely to adhere to the duties and standards of conduct imposed on attorneys in this State. Any conduct which would constitute grounds for discipline if engaged in by an attorney in this State shall be considered by the Board in making its evaluation of the character of an applicant.
(b) The Board may adopt statements of policy to implement the application of the foregoing standard.
Sec. 6.02. Investigatory Committees.
e duties and standards of conduct imposed on attorneys in this State. Any conduct which would constitute grounds for discipline if engaged in by an attorney in this State shall be considered by the Board in making its evaluation of the character of an applicant.
(b) The Board may adopt statements of policy to implement the application of the foregoing standard.
Sec. 6.02. Investigatory Committees.
(a) In order to assist the Board in conducting character investigations of applicants, the Supreme Court shall appoint one or more investigating committees within each disciplinary district established under Rule 9. Each committee shall consist of a sufficient number of members so that each member has a reasonable number of interviews each year. The Board will adopt a policy establishing the reasonable number of interviews per member as well as the number of members for each committee. Attorneys who teach in any capacity in any of the State’s ABA accredited or state-approved law schools are ineligible to serve as members of the Investigatory Committees. The Board may recommend to the Court the creation of additional committees or the increase in membership of any committee.
(b) The members of each investigating committee shall be appointed from time to time by the Supreme Court and shall serve at the pleasure of the Court for terms of up to five years, except as provided in paragraph (c), below. Members may be reappointed to serve a second five-year term. Members of an investigating committee may be recommended by the President or Board of Directors of the local bar association or associations in the district, the President or Board of Governors of the Tennessee Bar Association, members of the Board, or members of the investigatory committee in the district in which the vacancy exists.
(c) The Supreme Court shall select each committee chair. The chair shall be responsible for the administration of the work of the committee. Committee chairs may serve up to three consecutive five-year terms.
he district, the President or Board of Governors of the Tennessee Bar Association, members of the Board, or members of the investigatory committee in the district in which the vacancy exists.
(c) The Supreme Court shall select each committee chair. The chair shall be responsible for the administration of the work of the committee. Committee chairs may serve up to three consecutive five-year terms.
(d) The Executive Director shall provide an annual report to the Supreme Court in June listing the names of the members of each committee and the names of each committee chair, as well as a report of recommendations from the Board regarding the size of any committee.
Sec. 6.03. Investigating Procedures.
(a) Each application for admission with examination or without examination shall be referred first to a member of the Board for preliminary review for the purpose of:
(1) detecting any deficiencies in the application; and
(2) determining whether any additional information is needed with respect to any aspect of  the application.
(b) As part of the character and fitness requirement for licensing, each applicant, other than an applicant pursuant to section 10.01 of this Rule, is required to have a current completed background investigation conducted by the National Conference of Bar Examiners ("NCBE"). It is the responsibility of each applicant to make the request to the NCBE for a background investigation and pay the required fee directly to the NCBE. In the event an applicant has not been licensed within two years of submission of the original background investigation, the applicant must request a supplemental investigation at that time and every two years thereafter, until the applicant is licensed or the application is withdrawn or denied.
e the request to the NCBE for a background investigation and pay the required fee directly to the NCBE. In the event an applicant has not been licensed within two years of submission of the original background investigation, the applicant must request a supplemental investigation at that time and every two years thereafter, until the applicant is licensed or the application is withdrawn or denied.
(c) The Executive Director shall transmit the application and the results of the background investigation, if available at the time of the interview, for each applicant for admission by examination, re-examination, or transferred UBE score who is not licensed and in good standing in at least one other jurisdiction in the United States to the chair of the appropriate investigating committee. The Board may transmit the application and results of the background investigation, if available at the time of the interview, for any applicant who is licensed and in good standing in another jurisdiction in the United States. The chair shall assign applications to committee members for review, interview and investigation.
(d) The investigating committee member to whom the application has been assigned shall review the application and such other information as may be transmitted by the Executive Director and shall conduct such investigation as appears to be appropriate. Each applicant referred to a committee shall be interviewed in person by a member of that committee. In conducting such investigations, the investigating committee member may take statements from the applicant and from such other persons as may be considered appropriate.
(e) On the completion of the investigation, the investigating committee member shall report his or her findings to the Board, in the form directed by the Board, and shall recommend fully, recommend with reservations or not recommend the applicant for licensing and admission.
Sec. 6.04. Duty of Candor and Failure or Refusal to Furnish Information.
uch other persons as may be considered appropriate.
(e) On the completion of the investigation, the investigating committee member shall report his or her findings to the Board, in the form directed by the Board, and shall recommend fully, recommend with reservations or not recommend the applicant for licensing and admission.
Sec. 6.04. Duty of Candor and Failure or Refusal to Furnish Information.
(a) Each applicant for admission to the bar has a duty to be candid and to make full, careful and accurate responses and disclosures in all phases of the application and admission process. Each applicant must respond fully to all inquiries. It is not acceptable for an applicant to give either an incomplete or misleading description of past events reflecting on the applicant’s qualifications for admission to the bar.
(b) The Board or any individual member may request any applicant to furnish additional information:
(1) To supplement or explain answers to any question on the application;
(2) As to the applicant's character
or fitness to practice law
;
(3) As to the educational qualifications of the applicant, including information with respect to schools attended by the applicant;
(4) As to the experience of the applicant: and
(5) As to such other matters as may be considered germane to the provisions of this Rule.
(c) The failure or refusal by any applicant to answer fully any question on the application or to furnish information or submit to examination as required by the application or pursuant to the provisions of this Rule shall be sufficient cause for the Board to refuse to allow such applicant to take the examination or to be admitted.
tters as may be considered germane to the provisions of this Rule.
(c) The failure or refusal by any applicant to answer fully any question on the application or to furnish information or submit to examination as required by the application or pursuant to the provisions of this Rule shall be sufficient cause for the Board to refuse to allow such applicant to take the examination or to be admitted.
(d) The Board or any individual member, as part of the character investigation of an applicant, may request an applicant to submit to a drug or
alcohol screening test or be referred to the Tennessee Lawyers Assistance Program (TLAP) for evaluation under Tennessee Supreme Court Rule 33.05(E)(3).
Failure or refusal to submit to the drug
or alcohol screening test or comply with TLAP recommendations for evaluation under Rule 33.05
shall be sufficient cause for the Board to deny such applicant a license.
Sec. 6.05. False Information.
(a) The giving of false information or the making of false statements on the application or to the Board shall be sufficient cause for the Board to refuse to allow such applicant to take the examination or to be admitted.
(b) The Executive Director, the Board, or any individual member who has reason to believe that any person who has been admitted may have given false information or made false statements to the Board, may report the information to Disciplinary Counsel of the Board of Professional Responsibility.
Sec. 6.06. Certificate of Character and Fitness.
ch applicant to take the examination or to be admitted.
(b) The Executive Director, the Board, or any individual member who has reason to believe that any person who has been admitted may have given false information or made false statements to the Board, may report the information to Disciplinary Counsel of the Board of Professional Responsibility.
Sec. 6.06. Certificate of Character and Fitness.
(a) Recommendation of Character from Law School. An applicant seeking admission to practice law in Tennessee under sections 3.01 or 3.05 must:
(1) execute an appropriate release form permitting school officials from each law school applicant attended to furnish information to the Board relevant to the character and fitness of the applicant; and
(2) cause to be submitted to the Board a certificate from the dean or supervising authority of the law school from which the applicant graduated and from each law school applicant attended indicating that to the best of its knowledge and belief the applicant has demonstrated such reputation, character, honesty, respect for the rights of others, due respect for the law, and fitness to practice law sufficient to indicate no reasonable basis for substantial doubt that the applicant would adhere to the standards of conduct required of attorneys in this State and that the law school has provided full and complete information requested by the Board regarding the character and fitness of the applicant.
honesty, respect for the rights of others, due respect for the law, and fitness to practice law sufficient to indicate no reasonable basis for substantial doubt that the applicant would adhere to the standards of conduct required of attorneys in this State and that the law school has provided full and complete information requested by the Board regarding the character and fitness of the applicant.
(b) Applicants Licensed in Another Jurisdiction.
(1) If an applicant seeking admission to the bar has been previously admitted to another jurisdiction, a certificate of good standing from the highest court of each jurisdiction to which applicant has been admitted must accompany the application to the Board.
(2) Without waiving the requirement of proof of good character and fitness to practice law as provided in paragraph (a), above, the Board, in its discretion and for exceptional circumstances shown by the applicant, may waive the requirement of a certificate of good standing from the highest court of each jurisdiction to which applicant has been admitted. The Board shall not waive the requirement for a certificate of good standing for the highest court of each jurisdiction to which an applicant has been admitted for an applicant under section 10.01.
ARTICLE VII. FOREIGN-EDUCATED APPLICANTS
Sec. 7.01. Eligibility to Take Examination.
(a) An applicant who has completed a course of study in and graduated from a law school in a foreign jurisdiction, which law school was then recognized and approved by the competent accrediting agency of such jurisdiction, may qualify for admission by the bar examination under section 3.01 or for admission by transferred UBE score under section 3.05, provided that the applicant shall satisfy the Board that his or her undergraduate education and legal education were substantially equivalent to the requirements of sections 2.01 and 2.02 of this Rule by providing a Foreign-Education Report as detailed in paragraph (c) below.
alify for admission by the bar examination under section 3.01 or for admission by transferred UBE score under section 3.05, provided that the applicant shall satisfy the Board that his or her undergraduate education and legal education were substantially equivalent to the requirements of sections 2.01 and 2.02 of this Rule by providing a Foreign-Education Report as detailed in paragraph (c) below.
(b) In the alternative, an applicant who has completed a course of study in and graduated from a law school in a foreign jurisdiction, which law school was then recognized and approved by the competent accrediting agency of such jurisdiction, may qualify for admission by bar examination under section 3.01, or for admission by transferred UBE score under section 3.05, provided that the applicant shall satisfy the Board that the applicant's legal education is equivalent to a first degree in law or a Juris Doctorate Degree by submitting a Foreign-Education Report as provided in paragraph (c), below, and by satisfying one of the following additional requirements:
(1)The applicant has been admitted to the practice of law in at least one U.S. or foreign jurisdiction and is in good standing at the bar of each jurisdiction to which the applicant is admitted, as evidenced by a certificate from the highest court or agency of such jurisdiction having authority over admission to the practice of law, and the applicant has engaged in the active practice of law, as defined in section 5.01(c) of this Rule, for at least five of the eight years before applying for admission to the Tennessee bar; or.
e bar of each jurisdiction to which the applicant is admitted, as evidenced by a certificate from the highest court or agency of such jurisdiction having authority over admission to the practice of law, and the applicant has engaged in the active practice of law, as defined in section 5.01(c) of this Rule, for at least five of the eight years before applying for admission to the Tennessee bar; or.
(2) The applicant has been awarded, by a law school fully accredited by the ABA or a Tennessee law school approved by the Board under section 17.01 of this Rule, an LL. M. Degree after completion of a Traditional LL. M. program that meets the following requirements:
(A)The Traditional LL. M. program completed by the applicant, also known as an LL. M. in U.S. or American Law, is a program in American law designed for foreign-educated students to provide instruction in the fundamentals of U.S. law. An LL. M. Degree in a specialized area of the law, such as Tax or Environmental Law, does not meet the requirements for the Traditional LL. M. required by this Rule
(B) The foreign- educated lawyer must participate in the LL. M. program, either full-time or part- time, in person in the United States at the ABA-accredited or Tennessee- approved law school, and the instructions and assignments must be in English If participating in a part-time program, the applicant must have completed the LL.M. program within thirty- six months after beginning the program;: and
(C)The degree program certifies to the Board, on such form prescribed by the Board, that the LL. M. Degree earned by the foreign-educated lawyer complies with the requirements of this Rule;
, and the instructions and assignments must be in English If participating in a part-time program, the applicant must have completed the LL.M. program within thirty- six months after beginning the program;: and
(C)The degree program certifies to the Board, on such form prescribed by the Board, that the LL. M. Degree earned by the foreign-educated lawyer complies with the requirements of this Rule;
(c) Foreign-Education Report. An applicant, in order to qualify for admission under paragraphs (a) or (b), above, shall submit a comprehensive evaluation that includes a course-by-course evaluation, determination of equivalency, plus authentication of transcripts ("Foreign-Education Report") from a Credential Evaluation Service that is a member of the National Association of Credential Evaluation Services
Sec. 7.02. Additional Information from Applicants Licensed in a Foreign Country.
Any applicant licensed to practice in a foreign country desiring admission in Tennessee shall be required to pass the examination and shall supplement the application with the following documents:
(a) a certified copy of the record or license of the court or agency which admitted the applicant to practice law in such country; and
(b) at least three letters from attorneys or judges in such foreign country certifying that the applicant is in good standing at that bar, or was in good standing at that bar when the applicant left that foreign country.
ARTICLE VIII. COMMITMENT TO SERVE THE ADMINISTRATION OF JUSTICE IN TENNESSEE
Sec. 8.01. Evidence of Commitment to Administration of Justice.
The requisite commitment to serve the administration of justice in Tennessee subject to the duties and standards imposed on attorneys in this State shall be evidenced by a statement by each applicant for admission by examination, transferred UBE score, without examination or temporary admission under section 10.06, that the applicant agrees to abide by the duties and standards imposed from time to time on attorneys in this State.
Sec. 8.02. [Reserved.]
Sec
ice in Tennessee subject to the duties and standards imposed on attorneys in this State shall be evidenced by a statement by each applicant for admission by examination, transferred UBE score, without examination or temporary admission under section 10.06, that the applicant agrees to abide by the duties and standards imposed from time to time on attorneys in this State.
Sec. 8.02. [Reserved.]
Sec. 8.03. [Reserved.]
ARTICLE IX. ISSUANCE OF LICENSE—EFFECTIVE DATE OF ADMISSION
Sec. 9.01. Certificate of Board.
(a) Upon the completion of all requirements for licensing as provided in section 1.03, the Board, acting through the Executive Director, shall certify to the Supreme Court that an applicant is eligible for admission and issue to the applicant a “Certificate of Eligibility for Admission” (“Certificate of Eligibility”). The Board shall promptly notify the Clerk of the Supreme Court and the Board of Professional Responsibility of the issuance of the Certificate of Eligibility.
(b) The Certificate of Eligibility shall be valid for ninety days from the date of issuance. Subject to the time limit imposed by section 1.02 of this Rule, the Board may grant the applicant a reasonable, one-time extension of the time within which to complete the licensure process, including compliance with Tenn. Sup. Ct. R. 6, if the applicant shows to the satisfaction of the Board that he or she is unable to complete the process within the ninety-day period.
Sec. 9.02. Issuance of License.
(a) On the basis of the Certificate of Eligibility, and upon the successful applicant’s compliance with Tenn. Sup. Ct. R. 6, the Supreme Court shall issue a license admitting the successful applicant to the bar of Tennessee. However, the Board may revoke the Certificate of Eligibility if at any time before the administering of the oath of admission the Board receives notice of any event that would have changed the Board’s decision to approve an applicant for licensing.
ul applicant’s compliance with Tenn. Sup. Ct. R. 6, the Supreme Court shall issue a license admitting the successful applicant to the bar of Tennessee. However, the Board may revoke the Certificate of Eligibility if at any time before the administering of the oath of admission the Board receives notice of any event that would have changed the Board’s decision to approve an applicant for licensing.
(b) The license shall be in such form as may be approved by the Supreme Court. Each such license shall be signed by the members of the Board and the members of the Court.
Sec. 9.03. Effective Date of Admission.
An applicant shall not be considered admitted to the bar of Tennessee until issuance of a license by the Supreme Court upon compliance with Tenn. Sup. Ct. R. 6.
Sec. 9.04. Duty of Applicant to Inform Board of Subsequent Events.
If at any time before the issuance of a license an applicant becomes aware of any fact or circumstance which might indicate that such applicant is not entitled to admission, the applicant shall promptly advise the Board of such fact or circumstance as provided in section 3.02.
Sec. 9.05. Disapproval by the Supreme Court.
At any time before the issuance of a license to an applicant, the Supreme Court may for good cause disapprove the issuance of such license. On such disapproval, the Court shall enter an order stating the grounds for such disapproval and may refer the matter to the Board for such further action as the Court may deem appropriate.
Sec. 9.06. Replacement License.
For good cause shown, the Board may recommend to the Supreme Court the issuance of a replacement license to any person who has previously been licensed to practice law in Tennessee.
Sec. 9.07. Denial of License
hall enter an order stating the grounds for such disapproval and may refer the matter to the Board for such further action as the Court may deem appropriate.
Sec. 9.06. Replacement License.
For good cause shown, the Board may recommend to the Supreme Court the issuance of a replacement license to any person who has previously been licensed to practice law in Tennessee.
Sec. 9.07. Denial of License.
If the decision of the Board to deny an application is based, in whole or in part, on the failure of the applicant to demonstrate compliance with the Character and Fitness Standard in section 6.01, the applicant may not reapply for admission within a period of three years after the issuance of the order denying the application.
ARTICLE X. SPECIAL OR LIMITED PRACTICE
Sec. 10.01. Registration of In-house Counsel.
(a) A lawyer who is admitted to the practice of law in another U.S. jurisdiction or is a foreign lawyer who is employed as a lawyer by an organization, the business of which is lawful and consists of activities other than the practice of law or the provision of legal services, and who has a systematic and continuous presence in this jurisdiction pursuant to Tenn. Sup. Ct. R. 8, RPC 5.5(d)(1), shall complete the requirements for registration as in-house counsel within 180 days of the commencement of employment as a lawyer (the "Registration Period.").
1)A complete application for registration requires submitting to the Board the following:
(A) The application, including an NCBE Background Investigation Application and all required supporting documents, in the manner established by the Board;
(B) The fee in the amount set by the Board under section 11.01;
(C) Certificates of admission to the highest court for each United States and foreign jurisdiction to which the lawyer is admitted;
(D) Certificates of status and current good standing in all United States and foreign jurisdictions in which the lawyer is admitted to practice law; and
(E) An affidavit from an officer, director, or general counsel of the employing
by the Board under section 11.01;
(C) Certificates of admission to the highest court for each United States and foreign jurisdiction to which the lawyer is admitted;
(D) Certificates of status and current good standing in all United States and foreign jurisdictions in which the lawyer is admitted to practice law; and
(E) An affidavit from an officer, director, or general counsel of the employing entity in the form provided by the Board attesting to the lawyer’s employment by the entity, the date employment began, and the capacity in which the lawyer is so employed, and stating that the employment conforms to the requirements of this Rule.
(F) For any documents that are not in English, the lawyer shall submit an English translation and satisfactory proof of the accuracy of the translation.
(2) The Board shall list the items and steps necessary for a complete application in the Board Policies and Procedures.
(3) The lawyer obtains approval by the Board on a registration application thatis:
A. completed on or before expiration of the Registration Period as provided in paragraph (a) of this section; or
completed after expiration of the Registration Period and the late fee as provided in paragraph (h) of this section has been paid.>
(4) The Board has the discretion to issue approval after the Registration Period has expired. If the application was completed prior to expiration of the Registration Period, the approval shall be deemed timely, even if after the expiration of the Registration Period.
completed after expiration of the Registration Period and the late fee as provided in paragraph (h) of this section has been paid.>
(4) The Board has the discretion to issue approval after the Registration Period has expired. If the application was completed prior to expiration of the Registration Period, the approval shall be deemed timely, even if after the expiration of the Registration Period.
(5) For purposes of this Rule, a “foreign lawyer” is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority. Upon recommendation of the Board, the Supreme Court may allow a foreign lawyer lawfully practicing as in-house counsel in a foreign jurisdiction who does not meet the above requirements to register as an in-house counsel after consideration of other criteria, including the lawyer’s legal education, references, and experience.
(b) A registered lawyer under this section shall have the rights and privileges otherwise applicable to members of the bar of this State with the following restrictions:
(1) The registered lawyer is authorized to provide legal services to the entity client or its organizational affiliates, including entities that control, are controlled by, or are under common control with the employer, and for employees, officers and directors of such entities, but only on matters directly related to the registered lawyer's work for the entity and only to the extent consistent with Tenn. Sup. Ct. R. 8, RPC 1.7; and
zed to provide legal services to the entity client or its organizational affiliates, including entities that control, are controlled by, or are under common control with the employer, and for employees, officers and directors of such entities, but only on matters directly related to the registered lawyer's work for the entity and only to the extent consistent with Tenn. Sup. Ct. R. 8, RPC 1.7; and
(2) The registered lawyer shall not:
(A) Except as otherwise permitted by the rules of this State, appear before a court or any other tribunal as defined in Tenn. Sup. Ct. R. 8, RPC1.0(m); or
(B) Offer or provide legal services or advice to any person other than as described in paragraph (b)(1), or hold himself or herself out as being authorized to practice law in this State other than as described in paragraph (b)(1); and
(C) If a foreign lawyer, provide advice on the law of this or another jurisdiction of the United States except upon the basis of advice from a lawyer who is duly licensed and authorized to provide such advice.
(c) Notwithstanding the provisions of paragraph (b)(2)(A) and (B), above, a registered lawyer under this section, other than a foreign lawyer, is authorized to provide pro bono legal services through an established not-for-profit bar association, pro bono program or legal services program or through such organization(s) specifically authorized in this jurisdiction.
(d) A registered lawyer under this section shall:
(1) Complete the registration process with the Board of Professional
Responsibility within thirty days of approval of the registration by the Board under paragraph (a)(3) of this section;
(2) Pay all annual fees payable by active members of the bar;
legal services program or through such organization(s) specifically authorized in this jurisdiction.
(d) A registered lawyer under this section shall:
(1) Complete the registration process with the Board of Professional
Responsibility within thirty days of approval of the registration by the Board under paragraph (a)(3) of this section;
(2) Pay all annual fees payable by active members of the bar;
(3) Fulfill the continuing legal education requirements that are required of active members of the bar; and
Report to the Board, within thirty days, the following:
(A) Termination of the lawyer’s employment as provided in paragraph (f)(1) of this section;
(B) Whether or not public, any change in the lawyer’s license status in another jurisdiction, including by the lawyer’s resignation; and
(C) Whether or not public, any disciplinary charge, finding, or sanction concerning the lawyer by any disciplinary authority, court, or other tribunal in any jurisdiction.
(e) A lawyer who is registered or who is required to register under this section shall be subject to Tenn. Sup. Ct. R. 8 (Rules of Professional Conduct) and all other laws and rules governing lawyers admitted to the active practice of law in this State. The Board of Professional Responsibility has and shall retain jurisdiction over the lawyer who is registered or required to register with respect to the conduct of the lawyer in this or another jurisdiction to the same extent as it has over lawyers generally admitted in this State.
ssional Conduct) and all other laws and rules governing lawyers admitted to the active practice of law in this State. The Board of Professional Responsibility has and shall retain jurisdiction over the lawyer who is registered or required to register with respect to the conduct of the lawyer in this or another jurisdiction to the same extent as it has over lawyers generally admitted in this State.
(f) A registered lawyer’s rights and privileges under this section automatically terminate when:
(1) The lawyer’s employment with the entity employing the lawyer at the time the lawyer becomes registered;
(2) The lawyer is suspended or disbarred from practice in any jurisdiction or any court or agency before which the lawyer is admitted;
(3) The lawyer fails to maintain active status in at least one jurisdiction; or
(4) The lawyer fails to comply with the requirements in paragraph (d)(1) - (4), above.
Upon the occurrence of one or more of the foregoing events, the registered lawyer shall give written notice within thirty days of the terminating event to the Board and to the Board of Professional Responsibility.
(g) A registered lawyer whose registration is terminated under paragraph (f)(1) above, may be reinstated within 180 days of the end of the lawyer's previous registered employment by completing the requirements for reinstatement of registration (the "Registration Period"):
1) The complete application for reinstatement of registration requires submitting to the Board the following:
A) The application for reinstatement of registration in a form prescribed by the Board, including all required supporting documents and submitted in the manner established by the Board;
(B)  The reinstatement fee set by the Board pursuant to section 11.01;
(C) Certificates of Admission and Good Standing as prescribed by the Board; and
(D) An affidavit from the current employing entity as prescribed in paragraph (a)(41)(E).
nstatement of registration in a form prescribed by the Board, including all required supporting documents and submitted in the manner established by the Board;
(B)  The reinstatement fee set by the Board pursuant to section 11.01;
(C) Certificates of Admission and Good Standing as prescribed by the Board; and
(D) An affidavit from the current employing entity as prescribed in paragraph (a)(41)(E).
(2) The Board shall list the items and steps necessary for a complete application for reinstatement of registration in the Board Policies and Procedures.
(3) The lawyer obtains approval by the Board on a reinstatement application that is completed on or before the expiration of the Reinstatement Period.
(4) The Board has the discretion to issue approval after expiration of the Reinstatement Period upon submission of a timely completed reinstatement application. Such approval is timely and the lawyer shall not be considered to have engaged in unauthorized practice of law if the Board approves the timely completed reinstatement application after the Reinstatement Period.
(5) A lawyer whose employment ends and who does not obtain new in-house counsel employment in Tennessee within 180 days of termination of registration under paragraph (f)(1) of this section, or who obtains new In-house Counsel employment in Tennessee but does not complete the application for reinstatement of registration prior to expiration of the Reinstatement Period, must submit a new application to register as provided in paragraph (a) of this section.
new in-house counsel employment in Tennessee within 180 days of termination of registration under paragraph (f)(1) of this section, or who obtains new In-house Counsel employment in Tennessee but does not complete the application for reinstatement of registration prior to expiration of the Reinstatement Period, must submit a new application to register as provided in paragraph (a) of this section.
(h) A lawyer under this Rule who fails to complete the registration application under paragraph (a) of this section prior to the expiration of the Registration Period shall be:
(1) Permitted to register under this section as provided in paragraph (a), above but will be required to pay a late registration fee as provided in the fee schedule established under section 11.01;
(2) Subject to professional discipline in this jurisdiction;
(3) Ineligible for admission pursuant to section 5.01 of this Rule;
(4) Referred by the Board to the Board of Professional Responsibility; and
(5) Referred by the Board to the disciplinary authority of the jurisdiction(s) of licensure.
(i) A lawyer’s service to the lawyer’s employer before timely registration under this Rule shall not constitute the unauthorized practice of law or otherwise be treated as violating Tenn. Sup. Ct. R. 8, RPC 5.5 as long as the services are permitted under this Rule for registered lawyers and the lawyer complies with the requirement to complete the registration application under paragraph (a) of this section before the expiration of the Registration Period or to complete the reinstatement application under paragraph (g) of this section before expiration of the Reinstatement Period.
. Sup. Ct. R. 8, RPC 5.5 as long as the services are permitted under this Rule for registered lawyers and the lawyer complies with the requirement to complete the registration application under paragraph (a) of this section before the expiration of the Registration Period or to complete the reinstatement application under paragraph (g) of this section before expiration of the Reinstatement Period.
(j) A lawyer who is eligible to register under this section but who submits an application for admission without examination under section 5.01, by examination under section 3.01,
or
by transferred UBE score under section 3.05, or as a Spouse of a Military Service member under section 10.06,must register to practice pending admission under section 10.07 or also register as in-house counsel. The protections of paragraph (i) apply only to lawyers who are seeking registration as in-house counsel and do not apply for admission under other sections of this Rule.
Sec. 10.02. Approval of Experiential Learning Programs and Attorneys in Experiential Learning and Related Law School Programs.
(a) Experiential Learning Programs. For the purpose of this section and section 10.03 herein, Experiential Learning Program means an academic program administered by a law school through which a law student may enroll for academic credit in a law clinic or field placement course.
(1) A law clinic offered through an Experiential Learning Program provides substantial lawyering experience that involves advising or representing one or more actual clients or serving as a third-party neutral, and includes the following:
(A) direct supervision of the student’s performance by a law school faculty member;
(B) opportunities for performance, feedback from a faculty member, and self-evaluation; and
(C) a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection.
e actual clients or serving as a third-party neutral, and includes the following:
(A) direct supervision of the student’s performance by a law school faculty member;
(B) opportunities for performance, feedback from a faculty member, and self-evaluation; and
(C) a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection.
(2) A field placement course offered through an Experiential Learning Program provides substantial lawyering experience that is reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks in a setting outside a law clinic under the supervision of a licensed attorney or an individual otherwise qualified to supervise, and includes the following:
(A) direct supervision of the student’s performance by a faculty member or field placement site supervisor;
(B) opportunities for performance, feedback from either a faculty member or a field placement site supervisor, and self-evaluation;
(C) a written understanding among the student, faculty member, and a person in authority at the field placement that describes both the substantial lawyering experience and opportunities for performance, feedback and self-evaluation; and the respective roles of faculty and any field placement site supervisor in supervising the student and in assuring the educational quality of the experience for the student, including a clearly articulated method of evaluating the student’s academic performance;
(D) a method for selecting, training, evaluating and communicating with field placement site supervisors, including regular contact between the faculty and field placement site supervisors through in-person visits or other methods of communication that will assure the quality of the student educational experience;
(E) a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection;
(F) evaluation of each student’s educatio
sors, including regular contact between the faculty and field placement site supervisors through in-person visits or other methods of communication that will assure the quality of the student educational experience;
(E) a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection;
(F) evaluation of each student’s educational achievement by a faculty member; and
(G) sufficient control of the student experience to ensure that the requirements set forth in section 10.02(a)(2)(A)-(F) are met.
(b) Approval of Experiential Learning Programs. The Board shall review a law school’s Experiential Learning Program as the basis for a recommendation to the Supreme Court. Approval of the Experiential Learning Program is a prerequisite for the approval of law students who are practicing under section 10.03 in an experiential earning setting. The criteria that serve as a basis for approval shall be:
(1) that the law school is approved under section 17.01 of this Rule;
(2) that if the law school has an in-house legal clinic which directly represents clients, that the program has either an attorney licensed to practice and in good standing in Tennessee or an attorney approved for limited practice as provided in paragraph (d), below, who directs the clinic and who is employed by or associated with the law school; and
(3) that the law school’s Experiential Learning Program is otherwise operated in a manner consistent with the requirements of this Rule.
(c) The Supreme Court must approve a law school’s Experiential Learning Program, based on a recommendation from the Board, before any law student may practice under section 10.03 in an experiential learning setting. Certification of an Experiential Learning Program may be withdrawn by the Supreme Court upon recommendation of the Board if the program ceases to meet the foregoing criteria.
his Rule.
(c) The Supreme Court must approve a law school’s Experiential Learning Program, based on a recommendation from the Board, before any law student may practice under section 10.03 in an experiential learning setting. Certification of an Experiential Learning Program may be withdrawn by the Supreme Court upon recommendation of the Board if the program ceases to meet the foregoing criteria.
(d) Attorneys in Experiential Learning Law School Programs. An attorney who is employed by or associated with an ABA-accredited or Tennessee-Approved Law School as faculty for the Experiential Learning Program may be admitted to practice on a limited basis before the courts of this State on behalf of the Experiential Learning Program. The attorney must establish to the satisfaction of the Board that the attorney:
(1) is a member of a court of last resort of another state, a U.S. Territory or the District of Columbia;
(2) submits a certificate from the court of last resort referenced in (d)(1) certifying that the attorney is a member in good standing at the bar of that court;
(3) has not been denied admission to practice in any jurisdiction, including Tennessee;
(4) submits a statement signed by the dean of the law school where the attorney is employed or associated in a verifying employment; and
(5) has paid all required fees.
(e) The Supreme Court, upon the recommendation of the Board that the attorney satisfies all the requirements of paragraph (d), shall enter an order authorizing the attorney to practice in connection with an approved Experiential Learning Program. Upon the entry of the Court’s order, the Board shall provide the attorney with a certificate of admission.
mployment; and
(5) has paid all required fees.
(e) The Supreme Court, upon the recommendation of the Board that the attorney satisfies all the requirements of paragraph (d), shall enter an order authorizing the attorney to practice in connection with an approved Experiential Learning Program. Upon the entry of the Court’s order, the Board shall provide the attorney with a certificate of admission.
(f) Admission to practice under this section shall cease upon the first of the following to occur:
(1) after two years from the date of admission under this section, except in the discretion of the Supreme Court in special situations for good cause shown, provided that attorneys who wish to continue to practice in this State must seek admission under sections 3.01 (by examination), 3.05 (by transferred UBE score) or 5.01 (without examination) of this Rule so that they are eligible for licensing before the expiration of the two-year period. Time in practice pursuant to this section will count as “active practice of law” for purposes of admission pursuant to section 3.05(b) or 5.01; or
(2) cessation of the attorney’s employment by or association with the law school, notice of which will be provided to the Board by the law school dean within ten days of the attorney’s cessation of employment or association with the law school.
(g) Attorneys admitted to practice under this section are subject to the Rules of Professional Conduct and may be disciplined as provided for in Tenn. Sup. Ct. R. 9.
Sec. 10.03. Law Student Practice.
(a)
Purpose.
The purpose of this section is educational; consequently, its focus is on providing opportunities, whether credit-bearing or not, for students to further their legal training through properly supervised legal practice. Interpretation of this section should be in accordance with its educational goals.
disciplined as provided for in Tenn. Sup. Ct. R. 9.
Sec. 10.03. Law Student Practice.
(a)
Purpose.
The purpose of this section is educational; consequently, its focus is on providing opportunities, whether credit-bearing or not, for students to further their legal training through properly supervised legal practice. Interpretation of this section should be in accordance with its educational goals.
(b)
Definitions.
Throughout this section:
(1) the term “approved law school” refers to any law school that has been accredited by the ABA or any law school in the state of Tennessee approved under section 17.01 of this Rule;
(2) the term “Experiential Learning Program” shall incorporate the definition in section 10.02(a);
(3) the term “director” refers to the director of the law school’s Experiential Learning Program that has been approved by the board under section 10.02(b);
(4) the term “provide legal services” is to be construed broadly, so as to allow a law student who is admitted under this section to provide any and all services that could be provided by a licensed attorney, subject to supervision as provided in this Rule;
(5) the term “person or entity financially unable to afford counsel” includes all persons whom any court could deem eligible for the appointment of counsel, as well as persons and entities unable to reasonably secure legal counsel for the subject matter of the representation, or who can otherwise demonstrate to the satisfaction of the director that they cannot reasonably afford counsel; and
(6) the term “governmental agency or agencies” refers to any state, county, municipal or federal government agency, department or entity located in Tennessee.
(c)
Qualified law student.
In order to perform the activities outlined in section 10.03(g), a qualified law student is a student enrolled in an approved law school, except that the student is not required to be enrolled during a summer term or when the school is not in session, certified under section 10.03(d), and approved under section 10.03(e).
agency, department or entity located in Tennessee.
(c)
Qualified law student.
In order to perform the activities outlined in section 10.03(g), a qualified law student is a student enrolled in an approved law school, except that the student is not required to be enrolled during a summer term or when the school is not in session, certified under section 10.03(d), and approved under section 10.03(e).
(d)
Certification
. The qualified law student shall:
(1) be certified by the dean of the law student’s law school or the director
(A) as having satisfactorily completed not less than one-half of the required curriculum for graduation, computed on an hourly basis;
(B) as being in academic good standing at the law school; and
(C) as meeting any other requirements the law school places on certification under this Rule; and
(2) certify in writing that he or she has read, is familiar with, and will abide by Tennessee Supreme Court Rules 8 and 9.
(e)
Approval by the Supreme Court.
(1) The dean of the law student’s law school or the director shall file a request for approval of a qualified law student with the Clerk of the Supreme Court of Tennessee in Nashville on forms and in the format required by the Supreme Court.
(2) Upon a showing that the law student is qualified under the provisions of this Rule, the Supreme Court shall issue an order approving the law student to practice.
(3) Upon the entry of the order approving a law student to practice under this Rule, the Board shall provide the student with a certificate of registration under this section.
on forms and in the format required by the Supreme Court.
(2) Upon a showing that the law student is qualified under the provisions of this Rule, the Supreme Court shall issue an order approving the law student to practice.
(3) Upon the entry of the order approving a law student to practice under this Rule, the Board shall provide the student with a certificate of registration under this section.
(f)
Duration of Law Student Practice.
(1) Eligibility. A law student’s eligibility to provide service under this Rule terminates upon the earlier of:
(A) expiration of the approval by the Supreme Court;
(B) graduation from law school;
(C) receipt by the Clerk of the Supreme Court of the notice set forth in paragraph (f)(3), below that one of the following has occurred:
i) cessation of law school enrollment before graduation;
(ii) completion of the experiential learning placement that is the basis for the law student’s eligibility; or
(iii) upon written notice from the dean of the law student’s law school or the director that the law student no longer meets the eligibility requirements under this Rule.
(2)
Short-term Permission to Engage in Law Student Practice.
Qualified law students whose approval to practice has expired under paragraph (f)(1) may participate in a short-term pro bono event as an approved qualified law student, provided that:
(A) the qualified law student is approved by the director for the short-term pro bono event;
(B) the qualified law student is supervised by an attorney approved by the director;
(C) the short-term pro bono event is sponsored by the law school; and
(D) the pro bono event is held on consecutive days and does not exceed ten days.
erm pro bono event as an approved qualified law student, provided that:
(A) the qualified law student is approved by the director for the short-term pro bono event;
(B) the qualified law student is supervised by an attorney approved by the director;
(C) the short-term pro bono event is sponsored by the law school; and
(D) the pro bono event is held on consecutive days and does not exceed ten days.
(3)
Notice Required.
Notice of an event of termination of a qualified law student’s eligibility under paragraph (f)(1)(C), above shall be promptly provided by the dean of the qualified law student’s law school or the director by sending notice to the Clerk of the Supreme Court in Nashville and the Executive Director of the Tennessee Board of Law Examiners.
(g)
Activities.
(1) An approved qualified law student may provide legal services on behalf of any person or entity financially unable to afford counsel or on behalf a governmental agency through:
(A) a law school clinical course;
(B) governmental agencies as defined in paragraph (b)(6);
(C) Office of the Attorney General and Reporter, District Public Defender or District Attorney General;
(D) any program funded in whole or in part by Legal Services Corporation; or
(E) a non-profit organization that, as part of its mission, provides legal services to persons or entities financially unable to afford counsel.
(2) Any pleadings, briefs, abstracts or other documents prepared by a qualified law student acting pursuant to this Rule must contain the name and signature of the qualified law student who participated in drafting it with the accompanying designation, “Qualified Law Student Approved under Tenn. Sup. Ct. R. 7, Sec. 10.03” but must also be signed by the supervising attorney (the “supervising attorney”) as defined in paragraph (h), below.
(3) The rules of law and evidence relating to privileged communications between attorney and client shall govern communications made or received by qualified law students and their clients.
ompanying designation, “Qualified Law Student Approved under Tenn. Sup. Ct. R. 7, Sec. 10.03” but must also be signed by the supervising attorney (the “supervising attorney”) as defined in paragraph (h), below.
(3) The rules of law and evidence relating to privileged communications between attorney and client shall govern communications made or received by qualified law students and their clients.
(h)
Supervision.
(1) The qualified law student shall be under the immediate and personal supervision of an attorney who meets the requirements of paragraph (3), below. If the supervising attorney is not teaching in a law school clinic, the attorney must be approved in writing by the dean or director.
(2) It is the responsibility of the supervising attorney to ensure that the student is properly supervised and instructed, including compliance with Tenn. Sup. Ct. R. 8, RPC 5.3, and be present for administrative or adjudicatory proceedings; however, it is not necessary that the licensed attorney be personally present when the student engages in other activities such as interviewing, investigation, drafting and negotiation.
(3) The supervising attorney must:
(A) be a lawyer who is admitted to practice, in active status, and in good standing in Tennessee;
(B) have practiced for a minimum of three years;
(C) assume professional responsibility for the direct and immediate supervision for the professional work of the qualified law student; and
(D) be a full-time employee of an entity identified in paragraph (g)(1)(A)-(E), above, and supervise the qualified law student in connection to that employment.
>
ctive status, and in good standing in Tennessee;
(B) have practiced for a minimum of three years;
(C) assume professional responsibility for the direct and immediate supervision for the professional work of the qualified law student; and
(D) be a full-time employee of an entity identified in paragraph (g)(1)(A)-(E), above, and supervise the qualified law student in connection to that employment.
>
(i)
Disciplinary Complaints.
(1) In the event a disciplinary complaint is filed based on a qualified law student’s participation under these rules, the authority with whom such complaint is filed shall immediately report the same to the dean of the student's law school and the Board of Law Examiners. Upon receipt of notice of a complaint, the dean or director shall provide the Board of Professional Responsibility the name of the supervising attorney for the law student against whom the complaint is filed.
(2) By operation of this Rule, a disciplinary complaint against a qualified law student constitutes a complaint against the supervising attorney. The Board of Professional Responsibility shall have jurisdiction over the complaint against both the student and the supervising attorney and, in the discretion of the Board of Professional Responsibility, may refer the complaint against the student to the Office of the Attorney General and Reporter, the Board of Law Examiners, or the law school.
(j)
Compensation.
This Rule does not preclude compensation of a qualified law student when consistent with the law school’s academic policies. However, in no event shall the qualified law student be employed or compensated directly by a client for services rendered.
Sec. 10.04. Practice before Admission by Examination Score.
rney General and Reporter, the Board of Law Examiners, or the law school.
(j)
Compensation.
This Rule does not preclude compensation of a qualified law student when consistent with the law school’s academic policies. However, in no event shall the qualified law student be employed or compensated directly by a client for services rendered.
Sec. 10.04. Practice before Admission by Examination Score.
(a)
Eligibility.
(1) An applicant may register with the Board in order to perform the services described in paragraph (c) of this section provided the applicant:
(A) has never been licensed to practice law in another state in the United States, the District of Columbia, or U.S. Territories;
(B) has submitted an application pursuant to section 3.01 or 3.05 of this Rule;
(C) meets the educational requirements of section 2.01 and 2.02 of this Rule;
(D) works in Tennessee under the supervision of a  licensed lawyer who is admitted and in good standing in Tennessee; and
(E) has:
(i) not yet had an opportunity to take the Tennessee bar examination;
(ii) taken the examination but not yet received notification of the results of the examination; or
(iii) taken the examination or submitted a UBE score transfer application, but has not yet been admitted as a member of the Tennessee bar.
(2) An applicant is eligible for supervised practice under this section beginning with the submission of the first Application to the Bar of Tennessee or the graduation from law school, whichever is later.
(3) Applicants registered for supervised practice who are unsuccessful on the examination and who submit a re-examination application for the next available exam within ten days of the release of examination results may continue to practice under supervision subject to the time limits in paragraph (4). The privilege to engage in supervised practice expires for applicants who are unsuccessful on the examination and do not submit a re-examination application within ten days of notification of examination results.
ation application for the next available exam within ten days of the release of examination results may continue to practice under supervision subject to the time limits in paragraph (4). The privilege to engage in supervised practice expires for applicants who are unsuccessful on the examination and do not submit a re-examination application within ten days of notification of examination results.
(4) The privilege to engage in supervised practice expires: upon admission of eligible examination or UBE score transfer applicants; as provided in paragraph (3) for unsuccessful examinees; upon admission in any other state, the District of Columbia, or U.S. Territory; or upon issuance of an order to show cause. In no event shall the privilege to engage in supervised practice continue for more than sixteen months from the date an applicant graduated from law school.
(5) The Board shall no discretion to extend the time an applicant may engage in limited practice.
(6) An applicant who is licensed in another jurisdiction and seeking admission under sections 3.01, 3.05, 5.01, or 10.06 of this Rule may practice pending admission as provided in section 10.07.
(b)
Registration Process.
In order to perform the services described in paragraph (c), the applicant must submit to the Board the NCBE application, the Tennessee Supplemental application and the fees associated with the application. Additionally, the applicant must register for supervised practice according to the procedures established by the Board and pay the required fee. The applicant must include with the registration an affidavit from an attorney licensed and in good standing in Tennessee stating that the attorney agrees to undertake the supervision of the applicant in accordance with this section.
with the application. Additionally, the applicant must register for supervised practice according to the procedures established by the Board and pay the required fee. The applicant must include with the registration an affidavit from an attorney licensed and in good standing in Tennessee stating that the attorney agrees to undertake the supervision of the applicant in accordance with this section.
(c)
Supervision.
(1) The applicant shall be under the immediate and personal supervision of an attorney who meets the requirements of paragraph (3), below.
(2) It is the responsibility of the supervising attorney to ensure that the applicant is properly supervised and instructed including compliance with Tenn. Sup. Ct. R. 8, RPC 5.3, and be present as provided in paragraph (d)(2), below; however, it is not necessary that the supervising attorney be present when the applicant engages in activities such as interviewing, investigation, drafting, and negotiation.
(3) The supervising attorney must:
(A) be a lawyer who is admitted to practice, in active status, and in good standing in Tennessee;
(B) have practiced for a minimum of three years; and
(C) assume professional responsibility for the direct and immediate supervision for the professional work of the applicant.
(d)
Services Permitted.
Under the supervision of the supervising attorney and with the written consent of the person on whose behalf the applicant is acting, an applicant approved for supervised practice may render the following services.
(1) Applicant may counsel and advise clients, negotiate in the settlement of claims, represent clients in mediation and other non-litigation matters, and engage in the preparation and drafting of legal instruments. Any communication other than internal communications may be signed by the applicant with the accompanying designation “Tennessee Bar Applicant” but must also be signed by the supervising attorney.
nt may counsel and advise clients, negotiate in the settlement of claims, represent clients in mediation and other non-litigation matters, and engage in the preparation and drafting of legal instruments. Any communication other than internal communications may be signed by the applicant with the accompanying designation “Tennessee Bar Applicant” but must also be signed by the supervising attorney.
(2) Applicant may appear in the trial courts, courts of review and administrative tribunals of this state, including court-annexed arbitration and mediation, subject to the following qualifications:
(A) Written consent to representation of the person on whose behalf the applicant is acting shall be filed in the case and brought to the attention of the judge or presiding officer.
(B) Appearances, pleadings, motions, and other documents to be filed with the court may be prepared by the applicant and may be signed with the accompanying designation “Tennessee Bar Applicant.”
(C) In criminal cases in which the penalty may be imprisonment, in proceedings challenging sentences of imprisonment, and in civil or criminal contempt proceedings, the applicant may participate in pretrial, trial, and post-trial proceedings as an assistant of the supervising attorney, who shall be present and responsible for the conduct of the proceedings.
(D) In all other civil and criminal cases in the trial courts or administrative tribunals, the applicant may conduct all pretrial, trial, and post-trial proceedings with the Supervising Attorney present unless the applicant is permitted by the judge or presiding officer to participate without direct supervision.
(E) In matters before appellate courts, the applicant may prepare briefs, excerpts from the record, abstracts, and other documents
the trial courts or administrative tribunals, the applicant may conduct all pretrial, trial, and post-trial proceedings with the Supervising Attorney present unless the applicant is permitted by the judge or presiding officer to participate without direct supervision.
(E) In matters before appellate courts, the applicant may prepare briefs, excerpts from the record, abstracts, and other documents. If any such filings set forth the name of the applicant as a counsel of record in addition to the supervising attorney, the name of the applicant must be accompanied by the designation “Tennessee Bar Applicant” but must be filed in the name of the supervising attorney. Upon motion by the supervising attorney, the applicant may request authorization to argue the matter before the appellate court but, even if the applicant is permitted to argue, the supervising attorney must be present and is responsible for the conduct of the applicant at the hearing.
(e)
Compensation.
An applicant rendering services authorized by this section shall not request or accept any compensation from the person for whom applicant renders the services. The supervising attorney may make an appropriate charge. The applicant may be compensated as an employee of a firm, agency, clinic or other organization so long as the rate of such compensation is established independent of compensation paid for representation.
(f)
Aid in Establishing Supervised Practice
. Any applicant who otherwise meets all the qualifications contemplated in this section, but who is unable to make a connection or association with a practicing attorney for purposes of serving as a Supervising Attorney as required by this section may apply to any trial judge holding court in the county of such applicant’s residence for aid in the establishment of a supervised practice under this section. Such practice must accord strictly with the provisions of this section. No deviation will be permitted.
ke a connection or association with a practicing attorney for purposes of serving as a Supervising Attorney as required by this section may apply to any trial judge holding court in the county of such applicant’s residence for aid in the establishment of a supervised practice under this section. Such practice must accord strictly with the provisions of this section. No deviation will be permitted.
(g)
Disciplinary Complaints.
(1) In the event a disciplinary complaint is filed in a case in which an applicant has been permitted to practice under this section, the authority with whom such complaint is filed shall immediately report the complaint to the Board. Upon receipt of a notice of a complaint, the Board shall provide the Board of Professional Responsibility the name of the supervising attorney for the applicant.
(2) By operation of this Rule, a disciplinary complaint against an applicant permitted to practice under this section constitutes a complaint against the supervising attorney. The Board of Professional Responsibility shall have jurisdiction over the complaint against both the applicant and the supervising attorney and may refer the complaint against the applicant to the Office of the Attorney General and Reporter or the Board.
(h)
Board Permitted to Disclose.
Notwithstanding the provisions of section 12.11, the Board may disclose that an applicant is authorized to practice pursuant to this section and may disclose if and when that authorization is terminated.
Sec. 10.05. Conditional Admission.
sing attorney and may refer the complaint against the applicant to the Office of the Attorney General and Reporter or the Board.
(h)
Board Permitted to Disclose.
Notwithstanding the provisions of section 12.11, the Board may disclose that an applicant is authorized to practice pursuant to this section and may disclose if and when that authorization is terminated.
Sec. 10.05. Conditional Admission.
(a)
Definition
. An applicant whose previous conduct or behavior would or might result in a denial of admission may be admitted to the practice of law on a conditional basis ("Conditional Admission") in accordance with this Rule. The Board shall recommend relevant conditions in a confidential order (the "Conditional Admission Order") relative to the conduct or the cause of such conduct with which the applicant must comply during the period of conditional admission. The Board may order Conditional Admission to permit an applicant to practice law while the applicant's continued participation in an ongoing course of treatment, remediation, or other monitoring for previous misconduct or evidence of unfitness is monitored to protect the public.
(b)
Requirements for Issuance of Conditional Admission Order
.
(1) The Board may issue a Show Cause Order pursuant to section 13.01 in order to establish whether Conditional Admission is appropriate for an applicant who has engaged in conduct or otherwise demonstrated to the Board that the applicant may not presently meet the applicable Character and Fitness Standard under section 6.01.
he public.
(b)
Requirements for Issuance of Conditional Admission Order
.
(1) The Board may issue a Show Cause Order pursuant to section 13.01 in order to establish whether Conditional Admission is appropriate for an applicant who has engaged in conduct or otherwise demonstrated to the Board that the applicant may not presently meet the applicable Character and Fitness Standard under section 6.01.
(2) The Board may consent to entry of an Agreed Conditional Admission Order for an applicant based on the applicant's record and the recommendation of qualified professionals, when appropriate, and the determination that the applicant currently satisfies all requirements for admission and the applicable Character and Fitness Standard under section 6.01 while engaged in a sustained and effective course of treatment, remediation, or monitoring. The Agreed Conditional Admission Order shall include the terms and conditions with which the applicant must comply and must be signed by the applicant and the Executive Director on behalf of the Board.
3) A Show Cause Order issued under paragraph (c)(1) may be resolved without hearing under paragraph (c)(2), above, upon the filing of a response that demonstrates the applicant satifies the applicable character and fitness standard and meets the requirements of a sustained and effective course of treatment, remediation or monitoring.
(c)
Conditions.
The Board in its discretion may condition an applicant’s admission by requiring compliance with conditions that are designed to detect behavior that could render the applicant unfit to practice law and to protect the clients and the public, The conditions shall be tailored to detect and deter conduct, conditions or behavior which could render an applicant unfit to practice law or pose a risk to clients or the public and to encourage continued abstinence, treatment, remediation, counseling, or other support
are designed to detect behavior that could render the applicant unfit to practice law and to protect the clients and the public, The conditions shall be tailored to detect and deter conduct, conditions or behavior which could render an applicant unfit to practice law or pose a risk to clients or the public and to encourage continued abstinence, treatment, remediation, counseling, or other support. The conditions should be established on the basis of clinical or other appropriate evaluations, take into consideration the recommendations of qualified professionals, when appropriate, and protect the privacy interests of the conditionally admitted lawyer to professional treatment records to the extent possible. The terms shall be set forth in a (“Conditional Admission Order”). The Conditional Admission Order shall be made a part of the conditionally admitted lawyer’s application file and shall remain confidential, except as provided in this and any other applicable rules. Upon entry of the Conditional Admission Order and completion of all eligibility requirements, the Board shall issue the Temporary Certificate of Eligibility for Admission pursuant to section 9.01 of this Rule. The Board shall have no further authority once a conditionally admitted lawyer is admitted to practice law in Tennessee.
(d)
Notification to the Board of Professional Responsibility.
Immediately upon issuance of a Conditional Admission Order, the Board shall transmit a copy of the order to the Board of Professional Responsibility
of Eligibility for Admission pursuant to section 9.01 of this Rule. The Board shall have no further authority once a conditionally admitted lawyer is admitted to practice law in Tennessee.
(d)
Notification to the Board of Professional Responsibility.
Immediately upon issuance of a Conditional Admission Order, the Board shall transmit a copy of the order to the Board of Professional Responsibility. If the Board of Professional Responsibility or any other jurisdiction’s disciplinary authority receives a complaint alleging unprofessional conduct by the conditionally admitted lawyer, or if the Monitoring Authority designated pursuant to paragraph (f) notifies the Board of Professional Responsibility of substantial noncompliance with the Conditional Admission Order, the Board of Professional Responsibility shall request a copy of relevant portions

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## Nearby sections

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_TN_TNSUPCTR_R7. Check the current official text before relying on it. Not legal advice.