Tennessee § 23-1-101 - Board of law examiners.

§ 23-1-101. Board of law examiners.

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. 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. All reimbursement for travel expenses shall be pursuant to policies and guidelines promulgated by the supreme court. 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. 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; 2013, ch. 236, § 47; 2016, ch. 797, § 12. Compiler's Notes. The board of law examiners, created by this section, terminates June 30, 2028. See §§ 4-29-112 , 4-29-249 . Amendments. The 2013 amendment substituted “the civil justice and finance, ways and means committees of the house of representatives and the judiciary and finance, ways and means committees of the senate” for “the judiciary committees and the finance, ways and means committees of the senate and the house of representatives” in the last sentence of (b)(1). The 2016 amendment deleted the former second sentence of (b)(1) which read: “The administrative director of the courts shall notify the chairs of the civil justice and finance, ways and means committees of the house of representatives and the judiciary and finance, ways and means committees of the senate each time the compensation of any member of the board is increased.” Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013. Acts 2016, ch. 797, § 19. April 14, 2016. Cross-References. Legal insurance, title 56, ch. 43. Licensing of attorneys, Tenn. R. Sup. Ct. 7. Maximum age limit appointments to state boards and commissions, § 4-1-403 . Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney and Client, § 2. Law Reviews. Attorney v. Client — Privity, Malpractice, and the Lack of Respect for the Primacy of the Attorney-Client Relationship in Estate Planning, 68 Tenn. L. Rev. 261 (2001). Equal Numbers Don't Add Up to Equal Opportunities for Many Women Lawyers, ABA Report Finds, 37 No. 7 Tenn. B.J. 17 (2001). Essay: A Brief History of the Tennessee Board of Law Examiners and the Standards for Bar Admissions in Tennessee (Lewis R. Hagood), 71 Tenn. L. Rev. 571 (2004). Regulation of the Bar in Tennessee (Walter P. Armstrong, Jr.), 53 Tenn. L. Rev. 723 (1986). 50 Years of Pioneers: Early Women in Tennessee Law (Suzanne Craig Robertson), 37 No. 7 Tenn. B.J. 14 (2001). Attorney General Opinions. Even though administrative law judges have already limited nonlawyer corporate representatives to giving an oral statement on the record, the nonlawyer representative of a corporation should exercise caution when providing an oral statement as this practice would appear to present the potential for the unauthorized practice of law that could only be resolved on a case-by-case basis, OAG 04-160 (11/10/04). A nonlawyer corporate agent cannot initiate a contested case hearing by filing an initial pleading as this action would be in a “representative capacity,” would constitute the “practice of law” under this section and T.C.A. § 23-3-103 , and would be considered the unauthorized practice of law if any aspect of the undertaking or conduct requires the “professional judgment of a lawyer,” OAG 04-160 (11/10/04). Comparative Legislation. Qualification and admission to practice: Ala. Code § 34-3-1 et seq. Ark. Code § 16-22-201 et seq. Ga. O.C.G.A. § 15-19-1 et seq. Ky. S.C.R. 2 et seq. Miss. Code Ann. §§ 73-3-2 , 73-3-25 . Mo. Rev. Stat. § 484.020 et seq. N.C. Gen. Stat. § 84-1 — 84-10. Va. Code § 54.1-3925 et seq. Cited: Lineberger v. State, 174 Tenn. 538, 129 S.W.2d 198, 1938 Tenn. LEXIS 118 (1939); Cantor v. Brading, 494 S.W.2d 139, 1973 Tenn. App. LEXIS 250 (Tenn. Ct. App. 1973); Hampton v. Tennessee Bd. of Law Examiners, 770 S.W.2d 755, 1988 Tenn. App. LEXIS 739 (Tenn. Ct. App. 1988).