Section 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).(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)(2) 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 ABA 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 service;(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; or 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.(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 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. Amended by Order filed and effective 3/29/2019; amended by Order filed and effective 4/26/2019; amended by Order filed and effective 8/6/2020; and as amended by order filed and effective 10/31/2023.