Monday, February 3, 2020

Tennessee adopts revision to the rules of disciplinary enforcement making disbarment permanent

As you probably know, in the vast majority of jurisdictions disbarment is not permanent which means that disbarred lawyers can request for reinstatement after a period of time.

Well, that's not the case any more in Tennessee.

On January 23, the Tennessee Supreme Court adopted a series of revisions to the rules of disciplinary enforcement in Tennessee and one of them eliminates the possibility of reinstatement after disbarment.

Most of the comments received after the revision to the rule was proposed opposed the proposal, but the Court did not offer an explanation as to why the Court thought the revision was necessary nor as to why it disagreed with the majority of the comments.

For a critique of the Court's decision go here.  The text of the Court's order and of the revised rules is available here.

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