Tenn. R. Sup. Ct., 10.05

As amended through November 4, 2024

Section 10.05 - Conditional Admission

(a)Definitions. An applicant whose previous conduct or behavior would or might result in a denial of admission may be admitted to the practice of law on a conditional basis ("Conditional Admission") in accordance with this Rule. The Board shall recommend relevant conditions in a confidential order (the "Conditional Admission Order") relative to the conduct or the cause of such conduct with which the applicant must comply during the period of conditional admission. The Board may order Conditional Admission to permit an applicant to practice law while the applicant's continued participation in an ongoing course of treatment, remediation, or other monitoring for previous misconduct or evidence of unfitness is monitored to protect the public.

(b)Requirements for Issuance of Conditional Admission Order.

(1) The Board may issue a Show Cause Order pursuant to section 13.01 in order to establish whether Conditional Admission is appropriate for an applicant who has engaged in conduct or otherwise demonstrated to the Board that the applicant may not presently meet the applicable Character and Fitness Standard under section 6.01.

(2) The Board may consent to entry of an Agreed Conditional Admission Order for an applicant based on the applicant's record and the recommendation of qualified professionals, when appropriate, and the determination that the applicant currently satisfies all requirements for admission and the applicable Character and Fitness Standard under section 6.01 while engaged in a sustained and effective course of treatment, remediation, or monitoring. The Agreed Conditional Admission Order shall include the terms and conditions with which the applicant must comply and must be signed by the applicant and the Executive Director on behalf of the Board.

(3) A Show Cause Order issued under paragraph (c)(1) may be resolved without hearing under paragraph (c)(2), above, upon the filing of a response that demonstrates the applicant satisfies the applicable character and fitness standards and meets the requirements of a sustained and effective course of treatment, remediation or monitoring.

(c)Conditions. The Board in its discretion may condition an the applicant's admission by requiring compliance with conditions that are designed to detect behavior that could render the applicant unfit to practice law and to protect the clients and the public. The conditions shall be tailored to detect and deter conduct, conditions or behavior which could render an applicant unfit to practice law or pose a risk to clients or the public and to encourage continued abstinence, treatment, remediation, counseling, or other support. The conditions should be established on the basis of clinical or other appropriate evaluations, take into consideration the recommendations of qualified professionals, when appropriate, and protect the privacy interests of the conditionally admitted lawyer to professional treatment records to the extent possible. The terms shall be set forth in a Conditional Admission Order. The Conditional Admission Order shall be made a part of the conditionally admitted lawyer's application file and shall remain confidential, except as provided in this and any other applicable rules. Upon entry of the Conditional Admission Order and completion of all eligibility requirements, the Board shall issue the Temporary Certificate of Eligibility for Admission pursuant to section 9.01 of this Rule. The Board shall have no further authority once a conditionally admitted lawyer is admitted to practice law in Tennessee.

(d)Notification to the Board of Professional Responsibility. Immediately upon issuance of a Conditional Admission Order, the Board shall transmit a copy of the order to the Board of Professional Responsibility. If the Board of Professional Responsibility or any other jurisdiction's disciplinary authority receives a complaint alleging unprofessional conduct by the conditionally admitted lawyer, or if the Monitoring Authority designated pursuant to paragraph (d) notifies the Board of Professional Responsibility of substantial noncompliance with the Conditional Admission Order, the Board of Professional Responsibility shall request a copy of relevant portions of the lawyer's bar application file, and the Board shall promptly provide the requested materials to the Board of Professional Responsibility.

(e) Length of Conditional Admission. The conditional admission period shall be set in the Conditional Admission Order, but shall not exceed sixty months, unless notification of substantial noncompliance with the Conditional Admission Order has been received by the Board of Professional Responsibility or a complaint of unprofessional conduct has been made against the conditionally admitted lawyer with the Board of Professional Responsibility or any other lawyer disciplinary authority.

(f)Compliance with Conditional Admission Order During the conditional admission period, the Monitoring Authority shall be the Tennessee Lawyer Assistance Program, unless a different monitoring authority, such as a practice monitor, is assigned in the Conditional Admission Order, with the consent of the Board of Professional Responsibility. The Monitoring Authority shall take such action as is necessary to monitor compliance with the terms of the Conditional Admission Order, including, but not limited to, requiring that the conditionally admitted lawyer submit written verification of compliance with the conditions, appear before the Monitoring Authority, and provide information requested by the Monitoring Authority.

(g)Costs of Conditional Admission. The applicant shall be responsible for any direct costs of investigation, evaluation, testing and monitoring. Other costs shall be borne in accord with this Rule or any other applicable Tennessee Supreme Court Rule.

(h)Failure to Fulfill the Terms of Conditional Admission. Failure of a conditionally admitted lawyer to fulfill the terms of a Conditional Admission Order may result in a modification of the Conditional Admission Order, which may include extension of the period of conditional admission, suspension or revocation of the Conditional Admission Order, or such other action as may be appropriate under Tenn. Sup. Ct. R. 9, including temporary suspension pursuant to Tenn. Sup. Ct. R. 9, §12.3. The Monitoring Authority shall promptly notify the Board of Professional Responsibility whenever it determines that the conditionally admitted lawyer is in substantial noncompliance with the terms of the Conditional Admission Order. Notification of such noncompliance by the Monitoring Authority shall automatically extend the conditional admission until disposition of the matter by the Board of Professional Responsibility and any resulting appeals.

(i)Violation of Conditional Admission Order. The Board of Professional Responsibility shall initiate proceedings to determine whether the conditional admission should be revoked, extended or modified by filing a petition to review conditional admission. Consideration and disposition of any such petition shall follow the procedure for formal proceedings as set forth in Tenn. Sup. Ct. R. 9; however, the only issue to be determined is whether the conditional admission should be revoked, extended or modified. Any decision to extend or modify the Conditional Admission Order must be made in consultation with the Monitoring Authority. If the conditionally admitted attorney was temporarily suspended due to substantial noncompliance with a monitoring agreement, any disposition of the petition to review conditional admission may include dissolution of the temporary suspension.

(j)Expiration of Conditional Admission Order. Unless the Conditional Admission Order is revoked or extended as provided herein, upon completion of the period of conditional admission, the conditions imposed by the Conditional Admission Order shall expire. The Monitoring Authority shall notify the Board of Professional Responsibility of such expiration.

(k)Confidentiality. Except as otherwise provided herein, and unless the Supreme Court orders otherwise, the fact that an individual is conditionally admitted and the terms of the Conditional Admission Order shall be confidential provided that the applicant shall disclose the entry of any Conditional Admission Order to the admissions authority in any jurisdiction where the applicant applies for admission to practice law. In addition to ensuring that the relevant records of the Board, the Board of Professional Responsibility and the Tennessee Lawyer Assistance Program are confidential, the Board shall use reasonable efforts to structure the terms and conditions of the conditional admission so that the conditional admission does not pose a significant risk to confidentiality. These provisions for confidentiality shall not prohibit or restrict the ability of the applicant to disclose to third parties that the applicant has been conditionally admitted under this Rule, nor prohibit requiring third-party verification of compliance with the terms of the Conditional Admission Order by admission authorities in jurisdictions to which the conditionally admitted lawyer may subsequently apply.

(l)Education. The Board shall make information about its conditional admission process publicly available and shall reasonably cooperate with the Tennessee Lawyer Assistance Program in its efforts to educate law students, law school administrators and applicants for bar admission regarding the nature and extent of chemical abuse, dependency, and mental health concerns that affect law students and lawyers.

(m)Disciplinary Complaints. The provisions of this section shall not affect the authority of the Board of Professional Responsibility, pursuant to Tenn. Sup. Ct. R. 9, to investigate a complaint filed against a conditionally admitted lawyer by a person or entity other than the Monitoring Authority, to recommend a disposition of such complaint or to initiate a formal disciplinary proceeding as to such complaint, pursuant to Tenn. Sup. Ct. R. 9, §15.

Tenn. R. Sup. Ct., 10.05

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.

Explanatory Comments

1) Some examples of when Conditional Admission may be used to show that applicant satisfies the Character and Fitness Standard under section 6.01, except that the applicant is engaged in a sustained and effective course of treatment, remediation, or other monitoring, include but are not limited to:

(A) Substance abuse, misuse or dependence;

(B) A diagnosed mental or physical impairment that, should it recur, would likely impair the applicant's ability to practice law or would pose a threat to the public; or

(C) Neglect of financial affairs, disregard or neglect of personal or professional obligations, or demonstration of unprofessional conduct such as failure to comply with deadlines and time constraints, or failure to conduct oneself diligently and reliably, that would otherwise render the applicant unfit for admission to the bar.

(2) Examples of types of conditions that may be required, in the discretion of the Board, for Conditional Admission include, but are not limited to:

(A) alcohol, drug, or mental health treatment;

(B) medical, psychological, or psychiatric care;

(D) random chemical screening;

(E) office practice or debt management counseling;

(F) monitoring, supervision, mentoring; and/or

(G) other conditions deemed appropriate by the Board.