As amended through November 4, 2024
Section 10.07 - Practice Pending Admission by Applicant Licensed in Another Jurisdiction(a) A lawyer who is licensed to practice law and in good standing in another state in the United States, the District of Columbia, or a U.S. Territory and who has submitted an application for admission under section 3.01, 3.05, 5.01, or 10.06 of this Rule may provide legal services in this jurisdiction through an office or other systematic and continuous presence during the pendency of the application for admission but for no more than 365 days, provided that the lawyer: (1) is not disbarred or suspended from practice in any jurisdiction;(2) has not been denied admission to practice in any jurisdiction, including Tennessee, unless the Board determines otherwise;(3) reasonably expects his or her application for admission to be granted;(4) notifies the Board of Professional Responsibility in writing within thirty days of first establishing an office or other systematic and continuous presence for the practice of law in this jurisdiction that the lawyer has done so pursuant to the authority in this section;(5) associates with a lawyer who is admitted to practice, in active status, and in good standing in Tennessee;(6) complies with Tenn. Sup. Ct. R. 8, RPC 7.1 and RPC 7.5 in all communications with the public and clients regarding the nature and scope of the lawyer's practice authority in Tennessee;(7) submits an Application to Register for Practice Pending Admission under this section in the form provided by the Board;(8) pays the fee associated with the Application to Register for Practice Pending Admission;(9) does not appear before a tribunal in Tennessee that requires pro hac vice admission unless the lawyer is granted such admission;(10) has never before practiced in Tennessee pursuant to this provision, unless the Board determines otherwise; and(11) notifies the Board of Professional Responsibility and the Board if the lawyer becomes the subject of a pending disciplinary investigation in any other jurisdiction at any time during the period of practice authorized under this provision.(b) Notwithstanding the provisions of section 12.11, the Board may disclose that an applicant is authorized to practice under this section and when such authorization terminates.(c)Termination of Right of Practice Pending Admission.(1) The right to practice pending admission under this section terminates: (A) if the lawyer withdraws the application for admission or if such application is denied;(B) if the lawyer becomes disbarred, suspended, or takes disability inactive status in any other jurisdiction in which the lawyer is licensed to practice law;(C) if a formal complaint is filed with the Board of Professional Responsibility or an indictment filed by the Attorney General's Office in Tennessee against the lawyer;(D) if the lawyer fails to register for admission pro hac vice when required, or(E) if the lawyer fails to timely provide the written notice required by section 10.07(a)(4).(2) Upon termination of the right of practice, the lawyer shall not undertake any new representation that would require the lawyer to be admitted to practice law in this jurisdiction and, within ten days, shall:(A) cease to occupy an office or other systematic and continuous presence for the practice of law in Tennessee unless authorized to do so pursuant to another Rule;(B) notify all clients being represented in pending matters, and opposing counsel or co-counsel, of the termination of the lawyer's authority to practice pursuant to the authority in this section; and(C) take all other necessary steps to protect the interests of the lawyer's clients.(d)Change in Associated Attorney.(1) If the lawyer with whom the applicant has associated under paragraph (a)(5) of this section or the applicant wish to terminate the association, the lawyer with whom the applicant has associated and the applicant shall file notice with the Board and the Board of Professional Responsibility severing the association.(2) The applicant may continue to practice pending admission if, within ten days of providing the notice required in paragraph (1), the applicant: (A) associates with another lawyer under paragraph (a)(5);(B) provides notice of the association to the Board of Professional Responsibility;(C) submits an Application to Register for Practice Pending Admission under paragraph (a)(7); and(D) pays the fee associated with the application to re-register for practice pending admission.(3) If the applicant does not associate with another lawyer within ten days of providing notice as required under paragraph (1), the applicant's permission to practice pending admission terminates, and the applicant must comply with the requirements of paragraph (d)(2) of this section.Adopted 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.