The Tennessee Supreme Court today filed an order adopting revisions to its Rules of Professional Conduct, which govern the ethical behavior of attorneys. The changes to the Rules of Professional Conduct (RPCs), which fall under Tennessee Supreme Court Rule 8, provide additional clarity for attorneys regarding their ethical obligations and enhance the safeguards for clients of attorneys practicing in Tennessee. The changes were prompted by a Tennessee Bar Association petition filed with the Court in May 2009.
Although most of the changes to the RPCs were technical in nature, there are some notable new provisions. For example, the amended RPCs now include a provision dictating that prosecutors who discover credible evidence that someone might have been wrongfully convicted of a crime are required to take steps to further investigate and, in some instances, to work to remedy the conviction.
The amended RPCs also offer more specific guidelines regarding a lawyer’s duty to communicate and consult with the client. In addition, there are new provisions about the obligations of an attorney who inadvertently receives confidential or privileged information from the opposing counsel in a case. The amended RPCs retain the current rule protecting clients when attorneys move from one law firm to another in the midst of litigation proceedings.
“We are grateful for the extraordinary efforts of the Tennessee Bar Association and the various organizations, attorneys and individuals who submitted comments or participated in oral argument regarding the proposed revisions,” Chief Justice Cornelia A. Clark said. “We appreciate the valuable contributions of the bench, bar and public at large to help shape the Rules of Professional Conduct and further enhance the ethical practice of law in Tennessee.”
The changes to the Rules of Professional Conduct will take effect on January 1, 2011. Attorneys who violate the Rules of Professional Conduct may face disciplinary action through the Board of Professional Responsibility.