Tennessee Code Annotated
Tenn. Code Ann. § 23-3-101 (2026)
Chapter definitions
✓ current as of May 2026
As used in this chapter, unless the context otherwise requires:
- (1) "Law business" means the advising or counseling for valuable consideration of any person as to any secular law, the drawing or the procuring of or assisting in the drawing for valuable consideration of any paper, document or instrument affecting or relating to secular rights, the doing of any act for valuable consideration in a representative capacity, obtaining or tending to secure for any person any property or property rights whatsoever, or the soliciting of clients directly or indirectly to provide such services;
- (2) "Person" means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized; and
- (3) "Practice of law" means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective before any court, commissioner, referee or any body, board, committee or commission constituted by law or having authority to settle controversies, or the soliciting of clients directly or indirectly to provide such services.
Acts 1935, ch. 30, § 1; C. Supp. 1950, § 9983.1 (Williams, §7116.1); T.C.A. (orig. ed.), § 29-302; Acts 1996, ch. 781, §§1, 2; 2006, ch. 945, §§ 1, 2.
Notes of Decisions
Cited in 28
cases (8 in the last 5 years), 1992–2025 · leading case: Petition of Burson, 909 S.W.2d 768 (Tenn. 1995).
Petition of Burson, 909 S.W.2d 768 (Tenn. 1995). “VI, § 1; Tenn.Code Ann. § 23-3-101 (1994); Tenn. Code Ann.”
Wright v. Linebarger Googan Blair & Sampson, LLP, 782 F. Supp. 2d 593 (W.D. Tenn. 2011). “See Tenn.Code Ann. § 23-3-101(3). That statute states: “Practice of law” means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or…”
In Re Clemmons, 151 B.R. 860 (Bankr. M.D. Tenn. 1993). “In construing T.C.A. §§ 23-3-101 and - 103, the Tennessee Supreme Court upheld the constitutionality of those statutes on grounds that the right of a person to engage in any profession or occupation “is subject to the police power of the legislature, in the protection of its…”
Fitzpatrick v. Law Solutions Chi., LLC, 584 B.R. 203 (E.D. Tenn. 2018). “See Tenn. Code Ann. § 23-3-101 , et seq. Tennessee provides a private cause of action for "[a]ny person who suffers a loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated, as a result of an action or conduct by…”
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001). “' " Compare Tenn.Code Ann. § 23-3-101, with Tenn.R.Sup.”
In Re Kincaid, 146 B.R. 387 (Bankr. W.D. Tenn. 1992). “MEMORANDUM RE WHETHER A NON-LAWYER REGULARLY EMPLOYED BY A CORPORATE-CREDITOR MAY APPEAR AT A § 341(a) MEETING OF CREDITORS AND QUESTION THE DEBTORS WITHOUT ENGAGING IN UNAUTHORIZED PRACTICE OF LAW WITHIN THE MEANING OF TENNESSEE CODE ANNOTATED § 23-3-101(a). DAVID S. KENNEDY,…”
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “2d at 776-77 ; see also Tenn.Code Ann. §§ 23-3-101, -103. Furthermore, no licensed attorney signed the complaint in which Father and Mother attempted to assert claims on behalf of Catherine.”
In Re Rose, 314 B.R. 663 (Bankr. E.D. Tenn. 2004). “Tenn. Code Ann. § 23-3-101 (Supp.2003). A Motion for Certification to the Tennessee Supreme Court On July 7, 2004, Ms.”
Blake Cretacci v. Joe Call, 988 F.3d 860 (6th Cir. 2021). “See Tenn. Code Ann. § 23-3-101 (3) (defining “practice of law” as “the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective…”
In Re Buck, 219 B.R. 996 (Bankr. W.D. Tenn. 1998). “Tennessee Code Annotated § 23-3-101(2) includes in its definition of the practice of law: “The appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings…”
State of Tennessee, Ex Rel. Herbert Slatery III v. The Witherspoon Law Grp. PLLC (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 23-3-101 (emphasis added).”
Staiano v. Schwab (In Re Maloney), 249 B.R. 71 (M.D. Penn. 2000). “T.C.A. § 23-3-101(a). The Clemmons court determined that by applying this definition to the activities engaged in a by a creditor’s representative at a Section 341 meeting, it was clear that participation in a creditors’ meeting did not constitute the unauthorized practice of…”
— Tenn. Code Ann. § 23-3-101(2) — 2 cases
In Re Buck, 219 B.R. 996 (Bankr. W.D. Tenn. 1998). “Tennessee Code Annotated § 23-3-101(2) includes in its definition of the practice of law: “The appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings…”
State of Tennessee v. Andy L. Allman (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 23-3-101(3) — 2 cases
Wright v. Linebarger Googan Blair & Sampson, LLP, 782 F. Supp. 2d 593 (W.D. Tenn. 2011). “See Tenn.Code Ann. § 23-3-101(3). That statute states: “Practice of law” means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or…”
Gerald D. Waggoner, Jr. v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. 2023).
— Tenn. Code Ann. § 23-3-101(a) — 4 cases
In Re Kincaid, 146 B.R. 387 (Bankr. W.D. Tenn. 1992). “MEMORANDUM RE WHETHER A NON-LAWYER REGULARLY EMPLOYED BY A CORPORATE-CREDITOR MAY APPEAR AT A § 341(a) MEETING OF CREDITORS AND QUESTION THE DEBTORS WITHOUT ENGAGING IN UNAUTHORIZED PRACTICE OF LAW WITHIN THE MEANING OF TENNESSEE CODE ANNOTATED § 23-3-101(a). DAVID S. KENNEDY,…”
In Re Clemmons, 151 B.R. 860 (Bankr. M.D. Tenn. 1993). “In construing T.C.A. §§ 23-3-101 and - 103, the Tennessee Supreme Court upheld the constitutionality of those statutes on grounds that the right of a person to engage in any profession or occupation “is subject to the police power of the legislature, in the protection of its…”
In Re Buck, 219 B.R. 996 (Bankr. W.D. Tenn. 1998). “Tennessee Code Annotated § 23-3-101(2) includes in its definition of the practice of law: “The appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings…”
Staiano v. Schwab (In Re Maloney), 249 B.R. 71 (M.D. Penn. 2000). “T.C.A. § 23-3-101(a). The Clemmons court determined that by applying this definition to the activities engaged in a by a creditor’s representative at a Section 341 meeting, it was clear that participation in a creditors’ meeting did not constitute the unauthorized practice of…”
— Tenn. Code Ann. § 23-3-101(b) — 1 case
In Re Clemmons, 151 B.R. 860 (Bankr. M.D. Tenn. 1993). “In construing T.C.A. §§ 23-3-101 and - 103, the Tennessee Supreme Court upheld the constitutionality of those statutes on grounds that the right of a person to engage in any profession or occupation “is subject to the police power of the legislature, in the protection of its…”
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