Beginning Dec. 1, TBA Today will feature a weekly series to educate TBA members on the Tennessee Supreme Court’s Sept. 16 order soliciting comments from the Tennessee legal community. The order highlights seven points on which the court is requesting feedback as it reassesses its approach to regulation of the legal profession to ensure that all Tennesseans have access to affordable quality legal services. Specifically, the court is seeking feedback on how it approaches accreditation of law schools and practicable alternatives for accreditation, alternatives to law school in preparation for the practice of law, alternative pathways to admission to the bar, modifying requirements for admission without examination, allowing paraprofessionals to do some legal work, and allowing non-lawyer ownership of law firms.

The effort is being undertaken as large segments of the population — especially rural and low-income individuals — cannot secure legal help. According to the Legal Services Corporation (LSC), 1.2 million Tennesseans qualify for LSC-funded legal aid, yet most still receive insufficient assistance due to a lack of resources in their area or due to the restrictions on the types of cases legal service organizations are allowed to accept. In addition, a number of Tennessee counties qualify as “legal deserts.” As of 2020, the state had 20 counties with fewer than 10 lawyers each. According to the court’s order, regulatory structures may contribute to shortages and cost barriers and thus it is open to innovative models that address modern needs.

The TBA currently is accepting feedback from members — email townhall@tnbar.org with your thoughts — and has formed the Legal Access and Regulatory Reform Task Force to gather and review that feedback. Watch TBA Today through the month of December to learn more about the seven points in the Supreme Court’s order and specific ways to engage with the task force. A website with resources will launch next week in conjunction with the first item in the weekly series.