Tennessee § 23-3-101 - Chapter definitions.

§ 23-3-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “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; “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 “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. Cross-References. Liability of professional societies, §§ 62-50-101 — 62-50-103 . Unauthorized practice of law, Tenn. Sup. Ct. R. 8, RPC 5.5. Law Reviews. Beyond Borders: Can the legal system's jurisdictional structure adjust to the new economy's borderless behavior? (Barry Kolar), 38 No. 1 Tenn. B.J. 12 (2002). Professional Responsibilities of Lobbyists (William R. Bruce), 23 Mem. St. U.L. 547 (1993). The Law: Business or Profession? (Walter P. Armstrong, Jr.), 18 Mem. St. U.L. Rev. 81 (1987). The Pre-Hearing Stage of Contested Cases under the Tennessee Uniform Administrative Procedures Act (L. Harold Levinson), 13 Mem. St. U.L. Rev. 465 (1984). The Professional Responsibility of the Law Professor: Three Neglected Questions (Monroe H. Freedman), 39 Vand. L. Rev. 275 (1986). The Proper Scope of Nonlawyer Representation in State Administrative Proceedings: A State Specific Balancing Approach, 43 Vand. L. Rev. 245 (1990). The Unauthorized Practice of Law and the Federal Bankruptcy Section 341(a) Meeting of Creditors, 23 Mem. St. U.L. Rev. 629 (1993). Treating the UPL Epidemic (William C. Bovender), 42 Tenn B.J. 26 (2006). Attorney General Opinions. Unauthorized practice of law, OAG 94-101 (9/9/94). Representation of the state in criminal and juvenile proceedings in general sessions courts, OAG 00-042 (3/13/00). A personal representative of an estate may prepare and file petitions, orders, and similar documents without the assistance of an attorney; however, because the preparation of such a form to be used before a probate court calls for the professional judgment of a lawyer and, therefore, constitutes the “practice of law,” it is not appropriate for a non-attorney member of the clerk and master's office to prepare and distribute form petitions for use by persons seeking to administer an estate without the assistance of an attorney, OAG 01-071 (5/7/01). An act which is alleged to constitute the unauthorized practice of law may not automatically establish a violation of the Tennessee Consumer Protection Act, T.C.A. § 47-18-101 et seq., OAG 02-078 (7/3/02). There is no particular court which has exclusive original jurisdiction over unauthorized practice of law questions; courts generally have the inherent authority to address such questions, OAG 02-078 (7/3/02). A non-lawyer's conduct in filling in the blanks of a form contract for the sale, financing, or leasing of tangible personal property does not constitute the unauthorized practice of law, assuming the decision concerning what information to place on the form does not require the exercise of legal training, skill, or judgment, OAG 02-078 (7/3/02). It is not the unauthorized practice of law for a court to develop form petitions and orders and to direct non-attorney members of the clerk's office to make petitions available for use by pro se litigants seeking to have their driving privileges restored, OAG 04-071 (4/21/04). Conduct of “public adjuster” may constitute unauthorized practice of law, OAG 05-076 (5/10/05). A lobbyist who is not licensed as an attorney is engaged in the unauthorized practice of law only if he or she, in the course of lobbying, is rendering services that call for the professional judgment of a lawyer, OAG 05-132 (8/24/05). Attorney General Opinion No. 05-076 does not conclude that the practice of public adjusting per se constitutes the unauthorized practice of law in Tennessee, OAG 05-133 (8/26/05). Mediation does not involve the practice of law, OAG 06-079 (4/27/06). Preparation of petitions for orders of protection, OAG 06-108 (7/5/06). Whether the preparation by non-lawyers of certain real estate documents would constitute unauthorized practice depends on whether the preparation of the documents would require the professional judgment of a lawyer, OAG 07-088 (6/6/07). Comparative Legislation. Improper conduct and unauthorized practice: Ala. Code § 34-3-1 ; § 34-3-6 et seq. Ark. Code § 16-22-201 et seq. Ga. O.C.G.A. § 15-19-50 et seq. Ky. S.C.R. 2 et seq. Miss. Code Ann. § 73-3-301 et seq. Mo. Rev. Stat. § 484.190 et seq. N.C. Gen. Stat. § 84-28 et seq. Va. Code §§ 54.1-3904, 54.1-3905; § 54.1-3934 et seq. Cited: State v. Mallard, 40 S.W.3d 473, 2001 Tenn. LEXIS 235 (Tenn. 2001).