It is not uncommon for attorneys retiring from long and successful legal careers to be interested in staying connected, using their skills and experience in support of communities they care about. In some cases, retirement marks a shift from high-pressure work and client demands to more flexible, mission-driven roles.

There are countless ways for retired Tennessee attorneys to volunteer, from board and bar service to staffing pro bono clinics or taking on extended representation of low-income or vulnerable clients. By partnering with legal service organizations, retired attorneys are helping bridge the justice gap — especially for individuals facing legal challenges in areas such as housing, immigration and family law.

While some attorneys choose to keep their law licenses active, despite "retiring" from their firm or organization, Tennessee does have an option for those who are transitioning to retired or inactive status. The Tennessee Supreme Court established the Emeritus Attorney Pro Bono Program in 2011, creating a route for attorneys with retired law licenses to provide pro bono legal services.

The program is governed by Supreme Court Rule 50A, one part of the court's Special Initiatives to Improve Access to Justice. Rule 50A allows retired or inactive attorneys to provide pro bono legal services under the supervision of an approved legal aid organization, without needing to maintain a full active law license. The program offers a streamlined process for seasoned attorneys to continue serving the public, while also helping legal aid groups meet increasing demand.

Retired attorneys who wish to participate in the emeritus program must file a petition with the appellate court clerk’s office. The Supreme Court will review all applications and provide a written response to the attorney. Rule 50A states that emeritus attorneys can only provide services in conjunction with an approved legal assistance provider. A Tennessee organization which receives funding from the Legal Services Corporation is presumptively approved under this section. Other legal service organizations must file an application with the clerk of the Tennessee Supreme Court to become an approved legal assistance provider.

Resources

The ABA Center for Pro Bono catalogs pro bono programs and opportunities across the country.

ABA Free Legal Answers is a wonderful example of how pro bono can be easily done, with limited time and at your convenience. Tennessee Free Legal Answers platform (and volunteer sign-up) is accessible here.

Shifting Gears: What Can Lawyers Do When They Retire? By Jim Barry, TBA president 2023-24, President's Perspective column, Tennessee Bar Journal, Vol. 60, No. 1.

Hear more from two experienced and active pro bono volunteers on the May episode of Bar Buzz.

Firsthand Emeritus Experience

Tennessee attorney Carl Seely has long been active in the access to justice community, including being one of only seven Tennesseans named a 2024 ABA Free Legal Answers Leader. Here Carl shares some reflections on how he is able to continue that work, even after retiring his Tennessee law license in 2017.

I practiced law from 1986 until 2017 in the Volunteer State. After moving to Maryland, I decided to surrender my license (and the privilege of paying Tennessee’s Professional Privilege Tax) as my new domicile did not offer reciprocity. We moved back to Tennessee in 2021, and I was asked if I would accept a provisional license under "emeritus" status. That meant I would only be able to work on a pro bono basis, eschewing any form of remuneration. As that wasn’t so different from my modest practice days, I agreed.

My "assignment" from the legal aid attorney supervising me was to answer questions on the Tennessee section of the ABA’s Free Legal Answers website. (That’s part of the emeritus deal: a pro bono emeritus attorney must perform the pro bono work in association with an approved legal assistance organization and must perform all activities under the auspices of a supervising attorney.) Free Legal Answers has legal queries posted by folks trying to get some sense of what to do about their legal problem. There are a wide range of legal issues presented; I get to pick and choose the legal area where I can be of most assistance. There’s no pressure to take a particular number or type of problem — just answer what you can as best you can.

Some of the situations posed are reasonably convoluted and lengthy. I let the supervised law students handle those so they can practice issue-spotting. The folks who pose the questions can post limited follow-up questions if they have any. I’ve been pretty fortunate: most who follow up are just thanking me for the input, and a little gratitude provides a warm glow to this cold lawyer’s heart. I recommend you take a look at the website and give it a try. After all, relatively few practitioners have died from attempting some pro bono.