reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-310 - Impaneling jurors - Additional jurors

(a)
The members of the grand and petit juries shall be made up as provided by law from the jury pool. In the event the original jury pool does not include a sufficient number of jurors, courts shall follow the procedures in subsection (b) for securing additional jurors. These additional names shall supplement, not replace, the original jury pool. These procedures shall be repeated, as necessary, until the grand and petit juries are completed.
(b)
(1)
Regardless of whether a county utilizes the automated or manual method of jury selection, additional names shall be selected for the special jury pool in the same manner this part provides for the selection of the original jury pool. Likewise, these members of the special jury pool shall be summoned in the manner specified in §
22-2-307
.
(2)
In the event the presiding judge of the judicial district is unavailable for good cause, any judge of the court for which the jury pool is being selected may perform the duties required of the presiding judge.
(c)
(1)
If a judge presiding over a trial discovers that the number of jurors constituting the panel, or venire, assigned to the trial is not adequate to secure a petit jury and that the jury pool has been exhausted or contains an insufficient number of jurors, the judge shall direct the jury coordinator to comply with subsection (b) unless the trial is pending in a county that utilizes the manual method of jury selection. In that event, the judge shall direct the jury coordinator to produce the jury box in open court, the judge shall open the box, and there shall be drawn from the box, as directed by the judge, the number of names deemed by the judge to be sufficient to secure a petit jury for that trial. These prospective jurors shall be summoned by personal service pursuant to §
22-2-307(b)
if time constraints preclude compliance with the notice requirement in §
22-2-307(a)
.
(2)
If a judge causes the jury box to be unlocked pursuant to subdivision (c)(1), the judge shall cause it to be relocked and sealed by the jury coordinator, and the judge shall write the judge's own name across the seal. The box then shall be returned by the jury coordinator to its place of keeping.
(d)
In the event the names of jurors are selected pursuant to subsection (c) for service in a particular trial, the jury coordinator shall make a list of such names, but the names shall not be removed from the jury list and, in counties utilizing the manual method of jury selection, shall be returned to the jury box. Service on a jury pursuant to subsection (c) does not constitute jury service for purposes of §
22-2-314
, and shall not disqualify or excuse any person from service on the regular juries if the person's name is regularly drawn.
(e)
Jurors selected pursuant to this section may be excused for good cause.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-311 - Jury coordinator's report in first day's minutes - Investigation of irregularities

(a)
At the beginning of the jury service term, the presiding judge of a judicial district that utilizes the manual method of jury selection shall compare the jury coordinator's report with the original tickets or cards contained in the sealed envelope. If they correspond, they shall constitute the jury pool for the jury service term, and the report shall be spread on record in the caption of the first day's minutes. Absent any identifiable irregularities in the jury selection process, the presiding judge of a judicial district that utilizes the automated method of jury selection likewise shall spread the jury coordinator's report on the first day's minutes, and the names listed in the report shall constitute the jury pool for the jury service term. Nothing in this subsection (a) is intended to prevent a judge or jury coordinator from subsequently excusing, disqualifying, postponing the service of or otherwise discharging a member of the jury pool in a manner consistent with this title.
(b)
If the presiding judge of the judicial district at any time believes that the jury list has not been prepared or renewed as required by law, the jury box has been tampered with or any other provisions of this title have been violated, the judge shall have broad authority to investigate. Should the judge conclude that any provisions of this title have been violated, the judge shall correct any irregularities necessary to ensure that this title is duly enforced.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-312 - Selection and summons when no jury pool provided

(a)
If for any reason a jury pool is not furnished at any jury service term as provided by this part, then the presiding judge of the judicial district shall have the right to select a jury pool as may be needed during the jury service term.
(b)
In all counties of this state, regardless of population, jurors required to try issues of fact in the chancery or other court, not supplied with regular jurors, may be summoned instanter, by order of the court, as in subsection (a).
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-313 - Objection required to affect validity of selection

In the absence of fraud, no irregularity with respect to this title or the procedure under this title shall affect the validity of the selection of any grand jury or the validity of any verdict rendered by a petit jury unless the irregularity has been objected to before the jury is sworn.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-314 - Limitation on jury service

A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service; however, the county legislative body of any county, may, by majority vote, extend the twenty-four-month period.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-315 - Postponement of jury service

(a)
Notwithstanding any of the foregoing provisions, individuals scheduled to appear for jury service may request a postponement of the date of their initial appearance for jury service. When requested, postponements shall be granted by the jury coordinator; provided, that:
(1)
The juror has not previously been granted a postponement;
(2)
The prospective juror appears in person or contacts the jury coordinator by telephone, electronic mail, facsimile, or in writing to request a postponement; and
(3)
Prior to the grant of a postponement and with the concurrence of the jury coordinator, the prospective juror fixes a date certain on which the juror will appear for jury service within twelve (12) months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.
(b)
Notwithstanding subsection (a), if a judge holding court in the county finds good cause to postpone the jury service term for a juror, the judge shall notify the juror and the jury coordinator in writing designating an alternate date to which the juror's service is postponed.
(c)
A subsequent request to postpone jury service may be approved by a judge only on the basis of an extraordinary event, such as a death in the prospective juror's family, sudden grave illness or a natural disaster or national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the juror will appear for jury service within twelve (12) months of the postponement and on which date the court will be in session.
(d)
A juror who is granted a postponement pursuant to this section shall remain under summons to appear on the alternate date without the necessity of the issuance of a new summons; however, the jury coordinator may, at the coordinator's discretion, issue a new summons.
(e)
The jury coordinator shall maintain a list of members of the jury pool whose service was postponed pursuant to this section, and that information shall be made available upon request.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-316 - Delegation of judge's duties

The presiding judge may delegate any or all of the duties imposed upon the judge by this part to another chancellor or judge authorized to conduct jury trials.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-317 - List of disqualified or potentially disqualified prospective jurors

(a)
The jury coordinator shall prepare or cause to be prepared a list of all persons disqualified or potentially disqualified as a prospective juror from jury service due to being a non-United States citizen, convicted of a felony, deceased, not a resident of this state, or not a resident of the county. The list must be prepared and sent to the administrator of elections according to the jury summons cycle used by the court clerk. Nothing in this section prevents the list from being sent more frequently. The list may be provided by mail, facsimile transmission, or email.
(b)
The jury coordinator shall provide the administrator of elections with the following information about the disqualified juror:
(1)
The full name of the disqualified juror;
(2)
Current and prior addresses, if any;
(3)
Telephone number, if available;
(4)
Date of birth; and
(5)
The reason the prospective juror was disqualified.
(c)
After verifying that the person is a registered voter, the administrator of elections shall follow the procedures listed in §
2-2-106
or §
2-2-141
.
(d)
In addition to the list of names, if the jury coordinator has documentation showing the person's disqualification under subsection (a), the documentation may be forwarded to the administrator of elections.
Acts 2018, ch. 837, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 3 - EXAMINATION AND CHALLENGE OF JURORS (§§ 22-3-101 — 22-3-104) › Section 22-3-101 - Absolute right of parties to examine

Parties in civil and criminal cases or their attorneys shall have an absolute right to examine prospective jurors in such cases, notwithstanding any rule of procedure or practice of court to the contrary.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 3 - EXAMINATION AND CHALLENGE OF JURORS (§§ 22-3-101 — 22-3-104) › Section 22-3-102 - Challenge for general causes of incompetency

Either party to an action may challenge for cause any person presented as a petit juror, in either a civil or criminal proceeding, who is incompetent to act as a juror under chapter 1 of this title or who has completed a jury service term in any court of this state within the previous twenty-four (24) months.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 3 - EXAMINATION AND CHALLENGE OF JURORS (§§ 22-3-101 — 22-3-104) › Section 22-3-103 - Challenge for adverse interest

Either party to an action may challenge for cause any person who has an adverse interest in a similar suit involving like questions of facts or involving the same parties.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 3 - EXAMINATION AND CHALLENGE OF JURORS (§§ 22-3-101 — 22-3-104) › Section 22-3-104 - Peremptory challenges - Effect of consolidation of cases

(a)
Either party to a civil action may challenge four (4) jurors without assigning any cause.
(b)
In the event there is more than one (1) party plaintiff or more than one (1) party defendant in a civil action, four (4) additional challenges shall be allowed to such side or sides of the case; and the trial court shall, in its discretion, divide the aggregate number of challenges between the parties on the same side, which shall not exceed eight (8) challenges to the side, regardless of the number of parties. Even when two (2) or more cases are consolidated for trial purposes, the total challenges shall be eight (8), as provided in this subsection (b).
(c)
If a party is both a plaintiff and a defendant, that party is considered one (1) party for the purpose of this section.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 4 - COMPENSATION OF JURORS (§§ 22-4-101 — 22-4-107) › Section 22-4-101 - Per diem and travel allowance

(a)
Every regular juror, including jurors on chancery court juries, is entitled to receive at least ten dollars ($10.00) for each day's attendance.
(b)
The legislative body of any county or the legislative body of the metropolitan government of any county having a metropolitan form of government may by vote increase this rate to an amount in excess of ten dollars ($10.00) for each day's attendance and to allow all tolls necessarily incurred in going to and returning from court and mileage at the rate of ten cents (10¢) per mile on the way from the home of the juror to the courthouse of the county where the juror is summoned and attends. In the alternative, the county may pay each juror a flat rate of eleven dollars ($11.00) per day, or any county with a metropolitan or home rule type of government may, at its option, set the compensation for each juror in its county by ordinance, to be paid out of the county treasury.
(c)
This section shall not be intended or considered as repealing or rescinding any special or private act now in effect.
(d)
The amount of fees or compensation of juries serving in all criminal actions shall be equal to that of juries serving in felony cases.
(e)
Notwithstanding this section, any juror who is sequestered is entitled to receive at least thirty dollars ($30.00) for each day's attendance.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 4 - COMPENSATION OF JURORS (§§ 22-4-101 — 22-4-107) › Section 22-4-102 - Tales jurors

Tales jurors shall be compensated in the same manner as regular jurors.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 4 - COMPENSATION OF JURORS (§§ 22-4-101 — 22-4-107) › Section 22-4-103 - Reimbursement of jurors

To qualify for reimbursement, jurors must prove, under oath, during the jury service term in which they serve and before the jury coordinator, the tolls necessarily incurred in going to or returning from their place of residence to the courthouse.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 4 - COMPENSATION OF JURORS (§§ 22-4-101 — 22-4-107) › Section 22-4-104 - Certification of list to county official

The jury coordinator shall, when the jury pool is discharged, make out and certify a list of the jurors, with the number of days they have respectively served, and the amount due to each, and deliver the list to the appropriate county official, who shall compensate jurors in the amount due to each of them in accordance with applicable financial procedures in the county.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 4 - COMPENSATION OF JURORS (§§ 22-4-101 — 22-4-107) › Section 22-4-105 - Issuance of warrants

It is the duty of the county to issue a warrant in payment of jury service every thirty (30) days, for the full amount due up to that time, to each member of a regular, grand or petit jury, when the jury service term extends beyond thirty (30) days in length.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 4 - COMPENSATION OF JURORS (§§ 22-4-101 — 22-4-107) › Section 22-4-107 - Donation of juror reimbursement to criminal injuries compensation fund

(a)
Each prospective juror reporting for jury service shall be provided a form letter that, when signed by the prospective juror, directs the county treasurer to donate all of the prospective juror's reimbursement for jury service to the criminal injuries compensation fund provided for in title 29, chapter 13.
(b)
The county treasurer shall send all donations made under subsection (a) to the state department of the treasury for deposit to the credit of the criminal injuries compensation fund.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-101 - Board of law examiners

(a)
A state board of law examiners is created, to consist of not more than five (5) members of the state bar, who shall be appointed from time to time by the supreme court, and shall hold office.
(b)
(1)
The compensation of each member of the board shall be fixed by the administrative director of the courts, with the approval of the chief justice of the supreme court, and shall include travel expenses.
(2)
All reimbursement for travel expenses shall be pursuant to policies and guidelines promulgated by the supreme court.
(3)
From the receipts from fees, the board shall pay its compensation and expenses, and any excess of receipts over disbursements shall be paid over to the state treasurer for the use of the state; it being the purpose that the board and its administration shall not be a charge upon, or an expense to the state, that compensation and expenses shall come only from the board's income, and that any excess of income over compensation and expenses shall go into the state treasury.
Amended by 2016 Tenn. Acts, ch. 797, s 12, eff. 4/14/2016.
Amended by 2013 Tenn. Acts, ch. 236, s 47, eff. 4/19/2013.
Acts 1903, ch. 247, §§ 2, 3; Shan., §§5777a2, 5777a3; Acts 1919, ch. 154, § 1; mod. Code 1932, §§ 7113, 7113a; Acts 1963, ch. 285, § 1; 1976, ch. 806, § 1(138); T.C.A. (orig. ed.), § 29-101; Acts 1982, ch. 743, § 1; 1987, ch. 51, § 1; 1993, ch. 66, § 43; 1993, ch. 196, §9; 1997 , ch. 429, § 1; 2001, ch. 146, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-103 - Examination of applicants

There shall be an examination of persons applying for a license to practice as attorneys and counselors at law at the cities of Knoxville, Nashville, and Memphis, respectively, and at such other places and times as the supreme court may direct. The supreme court shall prescribe rules to regulate the admission of persons to practice law and provide for a uniform system of examinations that will govern and control admission to practice law and to regulate the board in the performance of its duties.
Acts 1903, ch. 247, § 3; 1903, ch. 465; Shan., § 5777a3; Acts 1919, ch. 154, § 1; mod. Code 1932, § 7113a; modified; T.C.A. (orig. ed.), § 29-103.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-104 - Certification and admission of successful applicants

(a)
The board of law examiners shall certify to the supreme court the names of all applicants who have passed the required examination and who are determined by the board to be of full age and of such reputation and character as to be likely to contribute to upholding the high standards of the legal profession.
(b)
Upon certification, if the supreme court finds that the person is of full age and good moral character and otherwise qualified, it shall enter an order licensing and admitting the person to practice as an attorney, solicitor and counselor in all the courts of the state, which license, if procured by fraud, may be revoked at any time within two (2) years.
Acts 1903, ch. 247, § 5; Shan., § 5777a5; mod. Code 1932, §7115; Acts 1963, ch. 285, § 1; modified; T.C.A. (orig. ed.), § 29-104.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-105 - Admission on foreign license

The supreme court may make provisions, rules and regulations it deems proper for the admission of persons who have been licensed to practice law in other states or countries.
Acts 1903, ch. 247, § 6; Shan., § 5777a6; mod. Code 1932, §7116; T.C.A. (orig. ed.), § 29-105.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-106 - Fees - Accounting

Every person, at the time of applying for examination, shall pay a fee as specified by the rules of the supreme court, and the supreme court is authorized to delegate the fixing of the fees to the board of law examiners. The board shall render to the secretary of state an annual account of receipts and disbursements on December 31 of each year.
Acts 1903, ch. 247, § 4; Shan., § 5777a4; Acts 1919, ch. 154, § 2; mod. Code 1932, § 7114; Acts 1963, ch. 285, § 1; T.C.A. (orig. ed), § 29-106.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-107 - Women admitted to practice

Any women eighteen (18) years of age or older and otherwise possessing the necessary qualifications, may be granted a license to practice law in the courts of this state.
Acts 1907, ch. 69, § 1; Shan., § 5772a1; Code 1932, § 9971; Acts 1972, ch. 612, § 2; T.C.A. (orig. ed.), § 29-107.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-108 - License and compliance with Tennessee Supreme Court Rule 6 required - Exception

No person shall practice law in this state without first receiving a license issued by the Tennessee supreme court and complying with Tennessee Supreme Court Rule 6 concerning admission to the practice of law, except that nothing in this section precludes the pro hac vice admission of persons licensed in other jurisdictions in accordance with Tennessee Supreme Court Rule 19.
Code 1858, § 3965 (deriv. Acts 1798, ch. 2, §§ 2, 3; 1809 (Sept.), ch. 6, § 1); Shan., § 5772; mod. Code 1932, § 9970; T.C.A. (orig. ed.), § 29-108; Acts 1987, ch. 328, §1; 2009 , ch. 485, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 1 - QUALIFICATION AND ADMISSION TO PRACTICE (§§ 23-1-101 — 23-1-109) › Section 23-1-109 - Party acting as own attorney

Any person may conduct and manage the person's own case in any court of this state.
Code 1858, § 3979; Shan., § 5791; Code 1932, § 9982; T.C.A. (orig. ed.), § 29-109.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 2 - RIGHTS AND DUTIES (§§ 23-2-101 — 23-2-106) › Section 23-2-101 - Counsel assigned to paupers

At the return term of the process, the court may appoint counsel for the plaintiff in actions prosecuted in the manner prescribed for paupers, and also for the defendant, if the defendant makes an oath that, owing to the defendant's poverty, the defendant cannot employ counsel.
Code 1858, § 3980 (deriv. Acts 1821, ch. 22, § 3; 1857-1858, ch. 58); Shan., § 5792; mod. Code 1932, § 9983; T.C.A. (orig. ed.), § 29-201.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 2 - RIGHTS AND DUTIES (§§ 23-2-101 — 23-2-106) › Section 23-2-102 - Lien on right of action

Attorneys and solicitors of record who begin a suit shall have a lien upon the plaintiff's or complainant's right of action from the date of the filing of the suit.
Acts 1899, ch. 243, § 1; Shan., § 3592a1; mod. Code 1932, §8035; Acts 1969, ch. 310, § 1; T.C.A. (orig. ed.), § 29-202.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 2 - RIGHTS AND DUTIES (§§ 23-2-101 — 23-2-106) › Section 23-2-103 - Lien on action begun before employment

Any attorney or solicitor who is employed to prosecute a suit that has already been brought in any court of record shall have a lien upon the plaintiff's right of action from the date of the attorney's or solicitor's employment in the case; provided, that the record of the case shall first be made to show such employment by notice upon the rule docket of such court, by a written memorandum filed with the papers in the case or by notice served upon the defendant in the case.
Acts 1899, ch. 243, § 2; Shan., § 3592a2; mod. Code 1932, §8036; T.C.A. (orig. ed.), § 29-203.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 2 - RIGHTS AND DUTIES (§§ 23-2-101 — 23-2-106) › Section 23-2-104 - Power of attorney to execute papers

An attorney or solicitor has power to execute, in the name of the attorney's or solicitor's client, all bonds or other papers necessary and proper for the prosecution of the suit at any stage of its progress.
Code 1858, § 3978; Shan., § 5790; mod. Code 1932, § 9981; T.C.A. (orig. ed.), § 29-204.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 2 - RIGHTS AND DUTIES (§§ 23-2-101 — 23-2-106) › Section 23-2-105 - Service of subpoenas

(a)
Notwithstanding any other law or rule of court to the contrary, an attorney licensed to practice law in this state or the attorney's agent shall be authorized to serve subpoenas on witnesses in any civil or criminal case if service is effectuated in accordance with subsection (b) and if the attorney or any member of the attorney's firm is involved in the case for which the subpoenas are issued.
(b)
In order for service under this section to be effective, the name of both the attorney and the attorney's agent, if any, shall be written on the subpoena and both persons shall sign the subpoena. The subpoena shall be served in person by either the attorney or the agent whose name appears on the subpoena, and the person effectuating service shall file with the issuing clerk an affidavit of return stating that the subpoena was served, the identity of the person served and the date, place and manner of service. An agent may serve a subpoena under this section only if the agent is eighteen (18) years of age or older. The attorney shall be responsible for the actions of the attorney's agent serving the subpoena in accordance with generally accepted principles of agency law.
Acts 1982, ch. 650, §§ 1, 2; 1984, ch. 711, §§ 1, 2.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 2 - RIGHTS AND DUTIES (§§ 23-2-101 — 23-2-106) › Section 23-2-106 - Tennessee attorney as counsel overseas - Foreign counsel in state

(a)
Any attorney duly licensed to practice law in this state may serve as counsel overseas for the purpose of providing counsel and opinions on Tennessee law.
(b)
(1)
Any foreign attorney duly licensed to practice law in the attorney's country may serve as counsel in this state for the purpose of providing counsel and opinions on that foreign country's law.
(2)
If the foreign counsel wants to appear in court, that attorney must then comply with Tenn. Sup. Ct. R. 19.
Acts 1988, ch. 518, §§ 1, 2.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Law business" means the advising or counseling for valuable consideration of any person as to any secular law, the drawing or the procuring of or assisting in the drawing for valuable consideration of any paper, document or instrument affecting or relating to secular rights, the doing of any act for valuable consideration in a representative capacity, obtaining or tending to secure for any person any property or property rights whatsoever, or the soliciting of clients directly or indirectly to provide such services;
(2)
"Person" means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized; and
(3)
"Practice of law" means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective before any court, commissioner, referee or any body, board, committee or commission constituted by law or having authority to settle controversies, or the soliciting of clients directly or indirectly to provide such services.
Acts 1935, ch. 30, § 1; C. Supp. 1950, § 9983.1 (Williams, §7116.1); T.C.A. (orig. ed.), § 29-302; Acts 1996, ch. 781, §§1, 2; 2006, ch. 945, §§ 1, 2.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-102 - Public officers prohibited from practicing

Judges and chancellors are prohibited from practicing law in any of the courts of this state. A newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge or chancellor's practice, ceasing to practice as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming office. The clerks of the several courts and their deputies are also prohibited from practicing in their own courts, or in any causes commenced, brought to or carried from their courts, or commenced in any court from which an appeal lies to their court. Sheriffs and other executive officers shall not practice law in the county for which they were elected, or in any cause, originating or pending in the courts of that county. With the exception of judges, chancellors and justices, nothing in this section or any other law shall be construed to prohibit employees of the executive and judicial branches of the government of this state who are licensed to practice law in this state from voluntarily providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to §
16-3-808
and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program.
Code 1858, § 3969 (deriv. Acts 1817, ch. 51, § 2; 1827, ch. 63, § 1); Shan., § 5780; Code 1932, § 9973; T.C.A. (orig. ed.), §29-301; Acts 2009 , ch. 7, § 2; 2012 , ch. 789, § 6.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-104 - Unlawful division of fees - Penalties

(a)
Except as provided in the Tennessee rules of professional conduct, it is unlawful for any licensed attorney in the state to divide any fees or compensation received in the practice of law or in doing law business with any person not a licensed attorney.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1935, ch. 30, § 3; C. Supp. 1950, § 9983.3 (Williams, §7116.3); T.C.A. (orig. ed.), § 29-304; Acts 1989, ch. 591, § 113; 2006, ch. 945, § 4.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-105 - Privileged communications

No attorney, solicitor or counselor shall be permitted, in giving testimony against a client or person who consulted the attorney, solicitor or counselor professionally, to disclose any communication made to the attorney, solicitor or counselor as such by such person during the pendency of the suit, before or afterward, to the person's injury.
Code 1858, § 3973 (deriv. Acts 1821, ch. 66, § 3); Shan., §5785; mod. Code 1932, § 9978; T.C.A. (orig. ed.), § 29-305.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-106 - Testimony as to interests transferred pending action

No attorney, solicitor or other person, under the pretext of having transferred an interest in real estate, obligations for the performance of contracts or notes for money, during the pendency of any suit at law, shall be permitted to give testimony in favor of those who held a joint interest with the attorney, solicitor or other person at the commencement of such suits, or by which the attorney, solicitor or other person would be released from any liability to perform contracts or pay money.
Code 1858, § 3974 (deriv. Acts 1821, ch. 66, § 3); Shan., §5786; mod. Code 1932, § 9979; modified; T.C.A. (orig. ed.), § 29-306.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-107 - Penalty for improper testimony

Any attorney offering to give testimony in any of the cases provided for in §§
23-3-105
and
23-3-106
shall be rejected by the court, and the attorney commits a Class C misdemeanor, for which, on conviction, the attorney shall also be stricken from the rolls, if a practicing attorney.
Code 1858, § 3975 (deriv. Acts 1821, ch. 66, § 3); Shan., § 5787; Code 1932, § 9980; T.C.A. (orig. ed.), § 29-307; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-108 - Falsely representing self as a lawyer

(a)
It is unlawful for any person, either directly or indirectly, falsely to advertise the person as, or hold the person out as, a lawyer.
(b)
A violation of this section is a Class E felony.
Acts 1955, ch. 259, § 1; T.C.A., § 29-312; Acts 1989, ch. 591, § 27.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-109 - Advertised fee as basis for court award for services

Notwithstanding any the law to the contrary, whenever an attorney advertises a fee for a legal service, the advertisement shall be prima facie evidence of the reasonableness of the fee; and no court shall award a fee in excess of the advertised amount unless the attorney proves additional compensation is reasonable under the facts and circumstances of the legal service provided.
Acts 1980, ch. 684, § 1; T.C.A., § 29-313.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-111 - Delinquency in student loan repayment - Exception for medical hardship

The supreme court is encouraged to establish guidelines to suspend, deny or revoke the license of an attorney who is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in §
63-1-141(a)
or when the attorney has failed to enter into a payment plan or comply with a payment plan previously approved by TSAC or a guarantee agency. The supreme court is further encouraged to establish guidelines that would not suspend, deny, or revoke the license of an attorney if the default or delinquency is the result of a medical hardship that prevented the person from working in the person's licensed field and the medical hardship significantly contributed to the default or delinquency.
Added by 2018 Tenn. Acts, ch. 744,s 3, eff. 1/1/2019.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 3 - UNAUTHORIZED PRACTICE AND IMPROPER CONDUCT (§§ 23-3-101 — 23-3-113) › Section 23-3-113 - Practice before administrative boards and agencies excepted

The enforcement provisions of this chapter shall not apply to any person while practicing before state administrative boards and agencies who is authorized by statute to practice and act in a representative capacity before the state or local administrative boards and agencies.
Acts 2006, ch. 945, § 7.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 4 - LAWYERS' ASSISTANCE PROGRAMS (§§ 23-4-101 — 23-4-105) › Section 23-4-101 - Civil immunity

A person who in good faith reports information or takes action in connection with a lawyers' assistance program, or a person who receives information in connection with a lawyers' assistance program, is immune from civil liability for reporting the information, taking the action or taking no action; provided, that the person has acted in good faith and without malice.
Acts 1993, ch. 359, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 4 - LAWYERS' ASSISTANCE PROGRAMS (§§ 23-4-101 — 23-4-105) › Section 23-4-102 - Presumption of good faith

A member of a lawyers' assistance program, or person reporting information to a lawyers' assistance program, is presumed to have acted in good faith and without malice. A person alleging lack of good faith has the burden of proving bad faith and malice.
Acts 1993, ch. 359, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 4 - LAWYERS' ASSISTANCE PROGRAMS (§§ 23-4-101 — 23-4-105) › Section 23-4-103 - Persons entitled to immunity

The civil immunity provided in this chapter shall be liberally construed to accomplish the purposes of this chapter. The persons entitled to immunity under this chapter include:
(1)
A lawyers assistance program approved by the Tennessee supreme court that provides assistance to attorneys suspected of having an impaired ability to practice law because of abuse of alcohol or other drugs, or because of any other physical or mental infirmity causing impairment;
(2)
A member, employee or agent of the program, association or nonprofit corporation; and
(3)
A person who reports or provides information concerning an impaired professional, including, but not limited to, persons designated to monitor or supervise the course of treatment or rehabilitation of an impaired professional.
Acts 1993, ch. 359, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 4 - LAWYERS' ASSISTANCE PROGRAMS (§§ 23-4-101 — 23-4-105) › Section 23-4-104 - Information subject to attorney-client privilege

All information, in any form whatsoever, furnished to the lawyers' assistance program shall be a privileged communication and shall be governed by the laws pertaining to the attorney-client privilege.
Acts 1993, ch. 359, § 1.
2023 Tennessee Code › Title 23 - ATTORNEYS-AT-LAW (§§ 23-1-101 — 23-4-105) › Chapter 4 - LAWYERS' ASSISTANCE PROGRAMS (§§ 23-4-101 — 23-4-105) › Section 23-4-105 - Confidentiality of records, proceedings and communications

The records, proceedings and all communications of any lawyers' assistance program shall be deemed confidential and shall not be available for court subpoena. This section shall not prevent the subpoena of business records that are otherwise available through subpoena. Such records are not to be construed as privileged merely because they have been provided to a lawyers' assistance committee.
Acts 1993, ch. 359, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-201 - Married persons

(a)
In either a civil or criminal proceeding, no married person has privilege to refuse to take the witness stand solely because that person's spouse is a party to the proceeding.
(b)
In a civil proceeding, confidential communications between married persons are privileged and inadmissible if either spouse objects. This communications privilege shall not apply to proceedings between spouses or to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to, proceedings arising under title 36, chapter 1, part 1; title 37, chapter 1, parts 1, 4 and 6; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. This confidential communications privilege shall not apply to any insured's obligations under a contract of insurance in civil proceedings.
(c)
(1)
In a criminal proceeding a marital confidential communication shall be privileged if:
(A)
The communications originated in a confidence that they will not be disclosed;
(B)
The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties;
(C)
The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and
(D)
The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation.
(2)
Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1.
Acts 1867-1868, ch. 75, § 1; 1868-1869, ch. 7, § 1; 1869-1870, ch. 19, § 2; 1869-1870, ch. 78; 1879, ch. 200, § 1; Shan., § 5596; Code 1932, § 9777; Acts 1949, ch. 55, § 1; C. Supp. 1950, § 9777; T.C.A. (orig. ed.), § 24-103; Acts 1995, ch. 53, § 1; 2000, ch. 831, §§ 1, 2.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-202 - Transactions with mentally incompetent party

It is not lawful for any party to any action, suit, or proceeding to testify as to any transaction or conversation with, or statement by, any opposite party in interest, if such opposite party is incapacitated or disqualified to testify thereto, by reason of idiocy, lunacy, or insanity, unless called by the opposite side, and then only in the discretion of the court; provided, if a corporation be a party, this disqualification shall extend to its officers of every grade and its directors.
Acts 1879, ch. 200, § 2; Shan., § 5597; Code 1932, § 9779; Acts 1947, ch. 88, § 1; 1949, ch. 55, § 2; C. Supp. 1950, § 9779; T.C.A. (orig. ed.), § 24-104; Acts 2009, ch. 281, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-203 - Transactions with decedent or ward - Dead man's statute

In actions or proceedings by or against executors, administrators, or guardians, in which judgments may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party. If a corporation is a party, this disqualification shall extend to its officers of every grade and its directors.
Acts 1869-1870, ch. 78, § 2; Shan., § 5598; Code 1932, § 9780; Acts 1947, ch. 88, § 2; C. Supp. 1950, § 9780; T.C.A. (orig. ed.), § 24-105.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-206 - Clergy - Communications confidential - Waiver - Misdemeanor offense

(a)
(1)
No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person's professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person's practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted.
(2)
It shall be the duty of the judge of the court wherein such litigation is pending, when such testimony as prohibited in this section is offered, to determine whether or not that person possesses the qualifications which prohibit that person from testifying to the communications sought to be proven by that person.
(b)
The prohibition of this section shall not apply to cases where the communicating party, or parties, waives the right so conferred by personal appearance in open court so declaring, or by an affidavit properly sworn to by such a one or ones, before some person authorized to administer oaths, and filed with the court wherein litigation is pending.
(c)
Nothing in this section shall modify or in any way change the law relative to "hearsay testimony."
(d)
Any minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or any regular minister of religion of any religious organization or denomination usually referred to as a church, who violates this section, commits a Class C misdemeanor.
Acts 1959, ch. 24, §§ 1-5; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 24-109 -- 24-111; modified; Acts 1989, ch. 591, § 113.