How to File a Complaint With the Tennessee State Bar Association

Lawyers must follow a code of conduct.

Lawyers must follow rules of conduct and ethical guidelines. Lawyers in Tennessee must adhere to the Code of Professional Responsibility adopted by the Supreme Court of Tennessee. If you believe a Tennessee lawyer has violated the code, you can file a formal complaint. Examples of serious violations are negligence, conflict of interest, money mishandling or fraud. According to the Tennessee Supreme Court's Board of Professional Responsibility, you should be sure that you have evidence and that the violations warrant a formal complaint.

Instructions

1. Request a memorandum of complaint from the Board of Professional Responsibility and submit the form explaining your complaint (excluding fee disputes) to the board. You also can download the complaint form from the Supreme Court of Tennessee website.

2. A member of the board's hearing committee will review your complaint and decide whether it warrants prosecution before the committee.

3. A hearing committee, made up of three individuals from the district in which the lawyer practices, will review the complaint. You may be invited to attend, participate and testify under oath. The hearing is conducted under the established principles of due process. The committee will present its findings in a formal report and make a recommendation to the full Board of Professional Responsibility.

4. Several outcomes are possible, including dismissal of the complaint because of lack of evidence, a letter of caution or a letter of admonition. Only the Supreme Court can order suspension or disbarment, and the accused lawyer may request a hearing before the Supreme Court if he thinks the board's imposition of lesser discipline is unwarranted.

5. If the punishment warrants disbarment, suspension or public censure, you will receive notification of the specific discipline. For lesser punishments, you will only receive notification that the board imposed appropriate discipline. You will also be informed if the attorney has been found not in violation of the Code of Professional Responsibility.

Tips & Warnings

• The Board of Professional Responsibility provides a directory that lists licensed Tennessee attorneys and discloses any public discipline received. Contact the Consumer Assistance Program (CAP), an organization whose mission is to assist consumers with questions, concerns or problems regarding their attorneys. Often, this group can help resolve issues that are not serious ethical violations.

• Any losses you have incurred will not be recovered through this disciplinary proceeding.

References

• Board of Professional Responsibility of the Supreme Court of Tennessee: Complaint and Inquiry
• Board of Professional Responsibility of the Supreme Court of Tennessee: Filing a Complaint
• Board of Professional Responsibility of the Supreme Court of Tennessee: Hearings and Reviews
• Board of Professional Responsibility of the Supreme Court of Tennessee: About the Board
• Board of Professional Responsibility of the Supreme Court of Tennessee: What not to Expect

Resources

• Memphis Bar Association: Complaints Against Attorneys
• Board of Professional Responsibility of the Supreme Court of Tennessee : Memorandum of Complaint
• Board of Professional Responsibility of the Supreme Court of Tennessee: Contact Us
• Board of Professional Responsibility of the Supreme Court of Tennessee: Consumer Assistance Program