License and Oath Required

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No person shall practice law in this state without first receiving a license issued by the Tennessee supreme court and complying with Tennessee Supreme Court Rule 6 concerning admission to the practice of law, except that nothing in this section precludes the pro hac vice admission of persons licensed in other jurisdictions in accordance with Tennessee Supreme Court Rule 19.

Code 1858, § 3965 (deriv. Acts 1798, ch. 2, §§ 2, 3; 1809 (Sept.), ch. 6, § 1); Shan., § 5772; mod. Code 1932, § 9970; T.C.A. (orig. ed.), § 29-108; Acts 1987, ch. 328, § 1; 2009, ch. 485, § 1.

Compiler's Notes. Acts 1997, ch. 345, § 1 provided that the supreme court be encouraged to study the feasibility of creating an inactive license category that allows attorneys to perform pro bono service only for those persons receiving service from organizations that have received a determination of exemption under 26 U.S.C. § 501(c)(3).. The inactive license category shall not authorize any other practice of law.

Amendments. The 2009 amendment rewrote the section which read: “No person shall practice law as an attorney, solicitor, or counselor in this state without a license issued by the supreme court of the state and without first having taken and subscribed to an oath in open court, or before a clerk of a court of record in unusual circumstances subject to the approval of the supreme court, to support the constitutions of the state of Tennessee and of the United States and to truly and honestly demean such person in the practice of the profession to the best of such person's skill and ability.”

Effective Dates. Acts 2009, ch. 485, § 2. June 23, 2009.

Cross-References. Admission of attorneys, Tenn. Sup. Ct. R. 6.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney and Client, § 5.

Law Reviews.

Note, 16 Mem. St. U.L. Rev. 531 (1986).

Cited: Bivins v. Hospital Corp. of Am., 910 S.W.2d 441, 1995 Tenn. App. LEXIS 421 (Tenn. Ct. App. 1995); Turtle Creek Apts. v. Polk, 958 S.W.2d 789, 1997 Tenn. App. LEXIS 430 (Tenn. Ct. App. 1997); B & G Constr. v. Polk, 37 S.W.3d 462, 2000 Tenn. App. LEXIS 249 (Tenn. Ct. App. 2000).


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