Section 2 - Definitions
Board: The Board of Professional Responsibility of the Supreme Court of Tennessee.
Complainant: A person who alleges misconduct by an attorney, including misconduct by Disciplinary Counsel and attorney members of the Board and members of the district committees.
Court: The Supreme Court of Tennessee.
Declaration under Penalty of Perjury: A declaration under penalty of perjury meeting the requirements of Tenn. R. Civ. P. 72.
Disciplinary Counsel: The Chief Disciplinary Counsel selected by the Court and staff Disciplinary Counsel employed by the Chief Disciplinary Counsel, with the approval of the Board, pursuant to the provisions of this Rule.
District committees: Committees of attorneys appointed by the Court pursuant to provisions of this Rule.
Hearing panels: Panels of three district committee members selected by the Chair of the Board, or in the absence of the Chair selected by the Vice-Chair of the Board, to hear matters pursuant to provisions of this Rule.
Panel: A panel of three members selected by the Chair of the Board, or, in the Chair's absence, the Vice-Chair. At least two of the members of the panel shall be members of the Board, only one of whom may be a non-lawyer; and, one of the members of the panel may be a district committee member from the same disciplinary district as the respondent or petitioning attorney.
Practice monitor: An attorney licensed to practice law in the State of Tennessee designated by the Board to supervise an attorney as a condition of public discipline, probation or reinstatement pursuant to the provisions of this Rule.
Protocol memorandum: A memorandum prepared by Disciplinary Counsel and provided to the Court pursuant to the provisions of this Rule which addresses the following:
1) The basis for the Petition for Discipline;
2) The proposed disposition;
3) The procedural history;
4) The prior history of discipline; and,
5) The reasons for the proposed discipline, including:
a) application of the ABA Standards for Imposing Lawyer Sanctions;
b) comparative Tennessee discipline in similar cases; and,
c) aggravating and mitigating circumstances of the kind and character set forth in the ABA Standards for Imposing Lawyer Sanctions.
Retired: For purposes of this Rule, an attorney is "retired" if the attorney is at least sixty-five years of age and is not actively engaged in the practice of law; or, the attorney is at least fifty years of age, is inactive with the Tennessee Commission on Continuing Legal Education and Specialization, and has not engaged in the practice of law for at least fifteen years.
RPC: The Rules of Professional Conduct as adopted by Rule 8 of the Rules of the Tennessee Supreme Court.
Rule: Rule 9 of the Rules of the Tennessee Supreme Court.
Section: A section of Rule 9 of the Rules of the Tennessee Supreme Court.
Serious crime: The term "serious crime" as used in Section 22 of this Rule shall include any felony and any other crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, willful tax evasion, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."
Serve or service: The method of serving pleadings or other papers as specified in Section 18 of this Rule or otherwise in the provisions of this Rule.