Local Rule LR 83.01: ATTORNEYS

LR 83.01 – ATTORNEYS

(a) Eligibility and Procedure for Admission.

(1) To be eligible for admission to the bar of this Court, an attorney must be a member in good standing of the bar of the State of Tennessee, any other State or Territory of the United States, or the District of Columbia. If the applicant is not a member of the bar of Tennessee, the applicant must be a member in good standing of a United States District Court or a United States appellate court.

(2) Each applicant for admission to the bar must file with the Clerk a written application, on the form provided by the Clerk, setting forth the information required by the application, including the attorney's residence and office addresses, general and legal education, the other courts to which the attorney has been admitted to practice, and prior or pending criminal charges or disciplinary proceedings against the attorney. The application must be signed by two members in good standing of the bar of this Court who recommend the attorney's admission.

(3) The Clerk will examine the application and the accompanying recommendation, and, if in compliance with this rule, the application will then be presented to a Judge of this Court. The applicant will make suitable arrangements thereafter with the Clerk for the applicant's appearance and admission in open court or in chambers in accordance with this rule.

(4) When an application is called, one of the members of the bar of this Court must move the admission of the petitioner.

(5) The applicant, after taking the required oath, must then sign the roll of attorneys and must pay to the Clerk the prescribed enrollment fee.

(6) Any attorney applying for admission to practice must be introduced to the Court, and admitted to practice, within six (6) months from the date on which the attorney's application is approved. After that time, a new application, in accordance with this rule, must be completed and approved before the attorney may be admitted.

(7) Any attorney employed in the offices of the United States Attorney or the Federal Public Defender for the Middle District of Tennessee who is admitted to the bar of any State or Territory of the United States or the District of Columbia may be admitted to practice in this Court and entered on the roll of the Court without the necessity of either an application for admission or payment of any admission fee. However, prior to entry on the roll of the Court, the attorney must provide a certificate of admission or other confirmation of admission to the bar of a State or Territory of the United States or the District of Columbia. The fee waiver extended under this rule is effective only during the attorney's employment with the specified office. When an attorney admitted under this section discontinues employment with the specified office, the attorney must pay the fee for admission then in effect and be otherwise eligible to practice before the Court to remain on the roll of the Court.

(8) Law clerks in the employ of the United States Courts may be admitted to practice in this Court through the normal application process if such law clerk is admitted to the bar of any State or Territory of the United States or the District of Columbia. The law clerk must provide with the application a certificate of admission or other confirmation of admission to the bar of a State or Territory of the United States or the District of Columbia. The admission fee is waived for law clerks in the employ of this Court, or otherwise as the Chief District Judge may determine to be appropriate.

(b) Admission Pro Hac Vice. Any member in good standing of the bar of any other District Court of the United States who is not a resident of this District and who does not maintain an office in this District for the practice of law, may be permitted to appear and participate in a particular case in this Court subject to the following provisions:

(1) No later than the first pleading filed in this Court, the attorney must certify the attorney's good standing as a member of the bar of another United States District Court or a United States appellate court. In cases where an attorney enters an appearance subsequent to the first pleading filed, the certification of good standing must be filed no later than the first filing upon which the attorney's name appears. Certification of good standing must be made by filing a certificate of good standing from a United States District Court or a United States appellate court. The non-resident attorney will be admitted to practice in a particular case on written motion made and order entered by the Court, after payment of the required fee.

(2) The applicant attorney must state under oath whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. § 1927 by any court, or any criminal charges have been instituted against the attorney, and if so, must disclose full information about the proceeding or charges and the outcome thereof.

(3) When an attorney applies to be admitted or is admitted to this Court for purposes of a particular proceeding (pro hac vice), the attorney is deemed thereby to have:

(A) Acknowledged the attorney's responsibility for compliance with all rules of this Court; and

(B) Conferred disciplinary jurisdiction upon this Court for any alleged misconduct of that attorney arising in the course of the proceeding. In addition to visiting counsel, local counsel, if any, remains responsible to the Court at all stages of the proceedings.

(4) All business entities must be represented by an attorney duly admitted or authorized to practice before this Court.

(c) Disbarment and Discipline.

(1) Except as provided below, any member of the bar of this Court may, for good cause shown, and after an opportunity to be heard has been given, be disbarred, suspended from practice for a definite time, reprimanded, or subjected to such other discipline as the Court may deem proper.

(2) Any attorney who is administratively suspended from the practice of law, for any reasons provided for in Rule 9, Section 30.3, of the Rules of the Supreme Court of the State of Tennessee, will be automatically suspended from the practice of law in this Court, without the requirement of a separate order. The Clerk will also suspend the attorney's CM/ECF filing privileges. To reinstate practice privileges in this Court, the attorney must notify the Clerk of Court that the attorney has been readmitted to practice by the Tennessee Supreme Court. The Clerk will then confirm the attorney's status with the Tennessee Board of Professional Responsibility. If verified as active, the Clerk will reinstate the attorney's practice and CM/ECF filing privileges in this Court without the attorney's reapplication for admission, unless there is another reason to deny the privilege to practice before this Court.

(3) Any attorney who is disbarred or suspended as a disciplinary sanction by the Tennessee Supreme Court under its rules, or by any regulatory authority or tribunal outside Tennessee, or who is convicted of a crime involving fraud or dishonesty that attorney will be automatically suspended from the practice of law in this Court without the requirement of a separate order. The Clerk will also suspend the attorney's CM/ECF filing privileges. Any attorney who is disbarred or suspended as a disciplinary sanction by the Tennessee Supreme or by any regulatory authority or tribunal outside Tennessee or who is convicted of a crime involving fraud or dishonesty must immediately notify this Court, independent of any disciplinary rules or orders that might otherwise apply to the attorney's suspension or disbarment. To reinstate practice privileges, the attorney must reapply for admission under the Court's rules and procedures for admission to practice. In considering applications for readmission, this Court is not bound by the decisions of the Tennessee Supreme Court, the Board of Professional Responsibility of the Tennessee Supreme Court, or any other regulatory authority or tribunal, and in each case this Court will make its own determination as to the attorney's fitness to practice law in this Court. If the attorney is readmitted, the Clerk will reinstate the attorney's CM/ECF filing privileges.

(4) Any attorney who no longer has an active license to practice law, including because the license has been placed on inactive or disability status, will be automatically suspended from the practice of law in this Court, without the requirement of a separate order. The Clerk will also suspend the attorney's CM/ECF filing privileges. Any attorney whose license to practice is placed on inactive or disability status must immediately notify this Court, independent of any disciplinary rules or orders that might otherwise apply to the attorney's inactive status. To reinstate practice privileges in this Court, the attorney must notify the Clerk of Court that the attorney has been readmitted to practice by the Tennessee Supreme Court or other licensing tribunal. The Clerk will then confirm the attorney's status with the Tennessee Board of Professional Responsibility or other regulatory tribunal. If verified as active, the Clerk will reinstate the attorney's practice and CM/ECF filing privileges in this Court without the attorney's reapplication for admission, unless there is another reason to deny the privilege to practice before this Court.

(5) Except as otherwise provided by these Rules, any person who, before admission to the bar of this Court or during any disbarment or suspension proceedings, exercises in this Court any of the privileges as a member of the bar of this Court, or pretends to be entitled to do so, is guilty of contempt and subject to appropriate punishment.

(d) Local Co-Counsel in Civil Proceedings.

(1) General Requirement. Unless counsel appearing on behalf of a party in a civil case is both a member of the Tennessee bar and admitted to the bar of this Court, local co-counsel must be retained.

(2) Exception for U.S. Government Attorneys. An attorney representing the United States government or any department or agency thereof, or an attorney with the office of the Federal Public Defender, may appear and participate on behalf of a party without local co-counsel, provided the attorney is a member of the bar of a District Court of the United States and has been admitted pro hac vice in the case.

(3) Notification of Tennessee Bar Status. Any attorney who is a member of the Tennessee bar and admitted to practice in this Court but whose principal office is outside the state of Tennessee, must include in the signature line on all filings a notation that they are a member of the Tennessee bar and provide their Tennessee Board of Professional Responsibility number.

(4) Non-Compliance. Any filings made on behalf of a party that fail to comply with this rule in retention of local counsel or notification of Tennessee bar status may be stricken or other penalties imposed by the Court, either upon motion or upon the Court's own initiative.

(5) Discretion of Court. A Judge assigned to the case has discretion to require, upon notice, that an attorney who resides outside the District designate as local counsel an attorney who is admitted to practice in this Court and maintains a law office in this District, who shall be prepared to present and argue the party's position at any hearing or status conference.

(6) Responsibilities of Local Co-Counsel. Local counsel is equally responsible with pro hac vice counsel for all aspects of the case.

(e) Appearance by Attorney.

(1) Representation of Parties in Civil Cases. Any attorney representing a party in any civil action must file a separate Notice of Appearance, except that an attorney who has signed the original complaint, petition, or notice of removal is not required to file a Notice of Appearance. The Notice of Appearance must be filed by the attorney promptly upon undertaking the representation and before or contemporaneously with the filing of any paper, other than a complaint, petition, or notice of removal, by such attorney. Each attorney who intends to participate in a case is responsible for ensuring that attorney is reflected as counsel of record on the electronic case docket, which may require the filing of a Notice of Appearance if the attorney's participation is not reflected as a result of any other filing.

(2) Representation of Witnesses in Civil Actions. An attorney representing a witness in any civil action must file a separate Notice of Appearance with the Clerk of the Court. The Notice must be filed by the attorney promptly upon undertaking the representation and prior to the attorney's appearance on behalf of the witness client at any hearing. For the purposes of this rule, an attorney shall be deemed to be appearing for and representing a witness if the attorney is present within the courthouse and advising such witness in connection with the witness's testimony.

(3) Action by Represented Party. Whenever an attorney has entered an appearance for a party or individual, that party or individual may not thereafter appear or act in their own behalf in the action or proceeding.

(4) Duty of Counsel. Entry of an appearance or otherwise participating as counsel of record is a representation that the attorney will be prepared to conduct the trial of the case, from which the attorney may only be relieved by approval of the Court.

(f) Notice of Tennessee Office Address. Any attorney who has an office address in Tennessee but whose official mailing address is located outside Tennessee, must include the Tennessee address as a physical location address in addition to the official mailing address.

(g) Withdrawal as Attorney of Record. Any attorney desiring to withdraw as the attorney of record for a party must file a motion to withdraw, which must set forth the reasons for the withdrawal request and must certify that such attorney has given written notice to the client of the attorney's intention to withdraw from the case. A copy of the notice must be appended as an exhibit to the motion to withdraw. Such notice to the client must be given at least fourteen (14) days prior to the filing of the motion to withdraw. Ordinarily counsel will not be allowed to withdraw if such withdrawal will delay trial or other pending matters in the case. If the party represented by the withdrawing attorney is still being represented by another attorney of record from the same law firm, the withdrawing attorney need only file a Notice of Withdrawal.

(h) Substitution of Counsel. Any attorney substituting as counsel of record for a party must promptly file a motion for substitution of counsel. The substituting attorney's signature on the motion constitutes a certification that the substitution is made with the party's consent and agreement.