IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: TENNESSEE RULES OF PROFESSIONAL CONDUCT

No. M2003-00354-SC-OT-RL - Filed April 29, 2003

ORDER

On January 31, 2003, the Tennessee Bar Association (“TBA”) filed a “Petition for Reconsideration or Clarification” concerning certain provisions of the Rules of Professional Conduct. In Section 4 of Part C of the Petition, the TBA proposed adding the following new Comment to RPC 4.1:

[6] If, after the conclusion of a matter in which a lawyer has represented a client, the lawyer learns that the client has perpetrated a crime or fraud during the course of the lawyer’s representation, the lawyer may not reveal the crime or fraud, except as may be required by Rule 1.6(c). See e.g. RPC 1.6(c)(1) (requiring disclosure to ?prevent reasonably certain death or substantial bodily harm.’).

In a separate order filed simultaneously with this order, the Court granted the petition and amended certain provisions of the Rules of Professional Conduct. The Court, however, did not adopt proposed Comment [6] to RPC 4.1; because the proposed Comment is a substantive change in the Rules, and because the TBA’s petition does not present a detailed discussion of the proposal, the Court concludes that a supplemental brief should be filed by the TBA.

Accordingly, the TBA shall file a supplemental brief within thirty (30) days of the date of this order. The supplemental brief shall address more fully the reason(s) for adopting proposed Comment [6] to RPC 4.1. In addition, assuming arguendo that such a Comment should be adopted, the supplemental brief also shall address the question of whether proposed Comment [6] should be expanded to include disclosures permitted by Rule 1.6(b)(2) and (b)(3).

IT IS SO ORDERED.

PER CURIAM