Tenn. R. Sup. Ct. 3.10

As amended through November 4, 2024
Rule 3.10 - Practice of Law

A judge shall not practice law. A judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge's family, but is prohibited from serving as the family member's lawyer in any forum. A newly elected or appointed judge can practice law only in an effort to wind up his or her practice, ceasing to practice as soon as reasonably possible and in no event longer than 180 days after assuming office.

This Rule does not prohibit the practice of law pursuant to, and in the context of, a judge's military service.

Tenn. R. Sup. Ct. 3.10

Comment

[1] A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge must not use the prestige of office to advance the judge's personal or family interests. See RJC 1.3.

[2] The only law practice allowable is that which is necessary to wind up a law practice. Accordingly, no new matters may be accepted. See Tenn. Code Ann. § 23-3-102 (public officers prohibited from practicing law) and § 17-1-105 (judges and chancellors prohibited from practicing law, except for winding up his or her law practice). The 180-day bright-line rule in winding up a law practice does not prohibit the judge from receiving fees after this deadline for services performed prior to the deadline. See State v. Lipford, 67 S.W.3d 79 (Tenn. Crim. App. 2001 ).