One of the most important responsibilities of the Tennessee Bar Association is to advocate for the legal profession before the General Assembly. TBA's Government Affairs team — lobbyist Berkley Schwarz of Pier Strategies, and lobbyists Brad Lampley and Ashley Harbin of Adams and Reese ­— divide their time between working to ensure TBA’s legislative initiatives pass the legislature and working with lawmakers on other legislation affecting the practice of law.

After the General Assembly bill filing deadline, which is usually the first week of February, the Government Affairs team reviews the newly introduced legislation and circulates the legislation that affects the practice of law to the TBA section that it affects the most and asks the section’s Executive Council for feedback on the bills.

The section’s Executive Council reviews the legislation and lets the Government Affairs team know whether they support the bill, have concerns with the bill ­— including specific reasons for those concerns, and whether the bill language could be amended to address these concerns. Schwarz, Lampley and Harbin work with legislators and 1) express concerns with the bills that are unnecessary or detrimental to the practice of law, 2) try to improve the bills that can be improved, and 3) help pass the bills the TBA supports.

A large part of the TBA’s advocacy is ensuring TBA’s legislative proposals are passed by the Tennessee legislature. The TBA gets its best ideas from its members, especially from the sections, committees and divisions. If the attorneys in one of these groups believe changes to the law in their practice area are needed, they draft proposed legislation and submit it to be considered as a TBA legislative initiative.

During their fall meetings, the TBA House of Delegates and the TBA Board of Governors separately discuss and consider each proposal. The House then makes recommendations to the Board as to which legislation will make up the TBA legislative portfolio for the upcoming legislative session, and the Board decides which legislation to put forward.

Proposed Legislation

This year, the Board of Governors approved legislative proposals submitted by the Adoption Law and Family Law Sections and the Probate Study Group.

The TBA Adoption Law Section’s legislative proposal amends Tenn. Code Ann. § 36-1-102(45)(B) to provide that a biological father who only pays token support to the child’s mother shall not qualify as a putative father. It also amends Tenn. Code Ann. § 36-8-102(5) to permit a prospective adoptive parent holding guardianship or medical decision-making authority over the child to consent to the child receiving medical vaccines.

The TBA Family Law’s legislative proposal amends the best interest of the child, factor 16 (Tenn. Code Ann. § 36-6-106(a)(16)) by removing the three-year threshold for trial courts to consider a parent’s failure to pay child support. Next, it amends the grandparent visitation statute (§ 36-6-306) to add a new subsection (g) that will allow a trial court the discretion to award attorney’s fees and expenses to either party in a grandparent visitation case.

The TBA Probate Study Group’s legislative proposal amends Tenn. Code Ann. § 30-2-301 to provide the beneficiaries of a decedent’s estate 1) notice of their right to file an exception and 2) notice that if the beneficiary wants to file an exception, it is their responsibility to know what claims are filed and to prosecute the exception if filed. Additionally, it amends Tenn. Code Ann. § 30-2-306 to provide the creditor notice of their right to file an exception and also notify the creditors that if they want to file an exception it is their responsibility to know what claims are filed and, if they file an exception, it is their responsibility to prosecute the exception. Finally, it amends Tenn. Code Ann. § 30-2-314(a)(1) and (2) by clarifying who has the right to file an exception to a creditor’s claim under Tenn. Code Ann. § 30-2-314(a) and provides notice to the beneficiaries and creditors of their right to file an exception and defines their responsibilities.

Indigent Representation: A Primer

One of the primary government affairs issues TBA remains committed to is improving delivery of legal services for indigent clients. In November 2024, TBA launched a series of articles across its communication platforms to help educate Tennessee lawyers about the state's system of indigent representation. Tennessee's indigent representation program provides legal services for persons who are legally entitled to legal counsel but who are unable to pay for legal services, including individuals in jeopardy of incarceration and both children and parents in dependency and neglect and termination of parental rights cases.

The Indigent Representation Primer series shares background and updates about indigent representation in Tennessee and is intended both for attorneys who serve as appointed counsel and those who are not familiar with the system.

Visit www.tba.org/indigent_representation_primer to access all of the primer articles. More to come in 2025!

Primer Topics

The Basics: This article looks at the basics of the indigent representation system, including what kinds of cases qualify for appointed counsel and what happened during the last legislative session to increase funding for attorney reimbursements.

The Data: This article highlights background and data about Tennessee's Indigent Representation Program.

Who Does the Work?: This article reviews the various models indigent representation systems follow, including using public defenders, appointed or contracted counsel, or a hybrid approach.

Who Is Served? What is a Guardian Ad Litem?: These articles highlight the factors courts may consider in determining whether to appoint an attorney for a defendant.

Juvenile Delinquency Cases: This article highlights situations when courts appoint counsel for a juvenile charged with a crime.

What is the Process for Appointing Counsel?: This article provides information about the process for appointing counsel for indigent clients.

Grassroots Advocacy

TBA staff and leadership are continuing to develop and update educational and advocacy resources on issues relevant to the practice of law in our state. TBA members have incredible knowledge and insight about the policy issues TBA is focused on, including resources for indigent representation.

Through the Grassroots Advocacy Initiative, we are building a network of lawyers who are informed and engaged. There are a few ways to connect with the TBA's Government Affairs team if you are interested in learning more and getting involved with our advocacy work, especially as related to indigent representation. Sign up for TBA Grassroots Advocacy Updates at bit.ly/4gHdawH, which will highlight related policy content across all of TBA's communication platforms.

For attorneys with experience working with clients who are indigent or vulnerable, there is a longer survey, accessible at www.tba.org/grassroots_survey_indigentrep, that includes questions about court-appointed representation as well as options for getting involved with TBA’s efforts in this area.

We want to hear directly from you on these issues. The TBA is focused both on securing adequate resources to compensate the lawyers who do this important work and investing in new approaches to improve the indigent representation system in a way that benefits attorneys, the larger justice system and the public.