Tennessee Code Annotated
Tenn. Code Ann. § 23-3-103 (2026)
Unlawful practice prohibited - Penalty
✓ current as of May 2026
- (a) No person shall engage in the practice of law or do law business, or both, as defined in § 23-3-101, unless the person has been duly licensed and while the person's license is in full force and effect, nor shall any association or corporation engage in the practice of the law or do law business, or both. However, nonresident attorneys associated with attorneys in this state in any case pending in this state who do not practice regularly in this state shall be allowed, as a matter of courtesy, to appear in the case in which they may be thus employed without procuring a license, if properly authorized in accordance with applicable rules of court, and when introduced to the court by a member in good standing of the Tennessee bar, if all the courts of the resident state of the nonresident attorney grant a similar courtesy to attorneys licensed in this state.
- (b) Any person who violates the prohibition in subsection (a) commits a Class A misdemeanor.
- (c)
- (1) The attorney general and reporter may bring an action in the name of the state to restrain by temporary restraining order, temporary injunction or permanent injunction any violation of this chapter; to obtain a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per violation, and to obtain restitution for any person who has suffered an ascertainable loss by reason of the violation of this chapter. The attorney general and reporter shall be entitled to be reimbursed for the reasonable costs and expenses of investigation and prosecution of acts under this chapter, including, but not limited to, reasonable attorney fees as well as expert and other witness fees.
- (2) The action may be brought in a court of competent jurisdiction:
- (A) In the county where the alleged violation took place or is about to take place;
- (B) In the county in which the defendant resides, has a principal place of business or conducts, transacts or has conducted business; or
- (C) If the defendant cannot be found in any of the locations in subdivisions (c)(2)(A) and (B), in the county in which the defendant can be found.
- (3) The courts are authorized to issue orders and injunctions to restrain, prevent and remedy violations of this chapter, and the orders and injunctions shall be issued without bond.
- (4) Any knowing violation of the terms of an injunction or order issued pursuant to this chapter shall be punishable by a civil penalty of not more than twenty thousand dollars ($20,000) per violation, in addition to any other appropriate relief.
- (d)
- (1) Any organized bar association of a municipality, county, except any county having a metropolitan form of government, or multi-county region in which a violation occurs may bring a civil action seeking relief, as provided in this chapter, against any person that violates this chapter. Any organized statewide bar association, primarily representing plaintiff attorneys and having no locally-based affiliate associations, may bring a civil action in the municipality or county in which a violation occurs seeking relief, as provided in this chapter, against any person that violates this chapter. Upon the commencement of any action brought under this section by any bar association, the bar association shall provide a copy of the complaint or other initial pleading to the attorney general and reporter, who, in the public interest, may intervene and prosecute the action. The pleadings shall be provided to the attorney general and reporter simultaneously with the initial service to the defendant or defendants. Additionally, all subsequent filings shall be provided to the attorney general and reporter, including any judgments or notices of appeal by the initiating bar association.
- (2) Any bar association bringing suit under this section is presumed to be acting in good faith and is granted a qualified immunity for the suit and the consequences of the suit. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the suit was brought for a malicious purpose.
Acts 1935, ch. 30, § 2; C. Supp. 1950, § 9983.2 (Williams, §7116.2); Acts 1974, ch. 604, § 1; 1974, ch. 640, § 1; T.C.A. (orig. ed.), § 29-303; Acts 1989, ch. 591, § 111; 1996, ch. 781, §§3, 4; 1999, ch. 123, §§ 1, 2; 2001, ch. 189, §§ 1, 2; 2006, ch. 945, §3; 2007 , ch. 236, § 1.
Notes of Decisions
Cited in 39
cases (10 in the last 5 years), 1993–2026 · leading case: Fitzpatrick v. Law Solutions Chi., LLC, 584 B.R. 203 (E.D. Tenn. 2018).
Fitzpatrick v. Law Solutions Chi., LLC, 584 B.R. 203 (E.D. Tenn. 2018). “*217 Tenn. Code Ann. § 23-3-103 (a). The statute defines "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…”
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “Although a parent “may sue or defend” on behalf of their minor child, see Tenn. R. Civ. P. 17, a parent who is not “duly licensed” may not engage in the “practice of law” on behalf of their minor child.”
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001). “Although we held that regulation of the unauthorized practice of law was a power inherent in the judiciary, we permitted the legislature to prescribe a criminal penalty for this unlawful conduct, see Tenn.Code Ann. § 23-3-103(b) (1994), because the legislation was “an aid to the…”
Petition of Burson, 909 S.W.2d 768 (Tenn. 1995). “§ 23-3-103 (1994), which prohibits the unauthorized practice of law and provides, in pertinent part that, (a) No person shall engage in the “practice of law” or do “law business,” or both, as defined in § 23-3-101, unless such person has been duly licensed therefor, and while…”
In Re Rose, 314 B.R. 663 (Bankr. E.D. Tenn. 2004). “]” Tenn. Code Ann. § 23-3-103 (Supp.2003). As used in this chapter, unless the context otherwise requires: (1) “Law business” means the advising or counseling for a valuable consideration of any person .”
Elm Child.'s Educ. Trust v. Wells Fargo Bank, N.A., 468 S.W.3d 529 (Tenn. Ct. App. 2014). “1994) (holding inter alia that a non-lawyer trustee may not represent trust pro se in federal court); see also Tenn.Code Ann. § 23-3-103 (criminalizing the unauthorized practice of law).”
Petition of Youngblood, 895 S.W.2d 322 (Tenn. 1995). “T.C.A. § 23-3-103(b) (1994). Consequently, the determination by the Board that the performance posed in the inquiry constitutes the unauthorized practice of law goes beyond the rendering of an opinion regarding ethical conduct by the petitioners.”
Akins v. Edmondson, 207 S.W.3d 300 (Tenn. Ct. App. 2006). “Akins contends Marlin & Edmondson was engaged in the unauthorized practice of law by providing legal services, and that Gullett aided and abetted the unauthorized practice of law in violation of Tenn. Code Ann. § 23-3-103 (b) and the Code of Professional Responsibility.”
Bivins v. Hosp. Corp. of Am., 910 S.W.2d 441 (Tenn. Ct. App. 1995). “T.C.A. § 23-3-103. The purpose of the statute regulating the practice of law is to insure the public the highest quality of service possible from those offering their services to the public for a consideration.”
In Re Clemmons, 151 B.R. 860 (Bankr. M.D. Tenn. 1993). “As the above demonstrates, participation in a § 341 meeting does not involve the “practice of law” or the “law business” as defined by T.”
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “Tenn. Code Ann. § 23-3-103 . And there are many ways to obtain this permission, such as: • Become licensed to practice law in Tennessee.”
State of Tennessee, Ex Rel. Herbert Slatery III v. The Witherspoon Law Grp. PLLC (Tenn. Ct. App. 2022). “8, 2007) (citing Tenn. Code Ann. § 23-3-103 ; Petition of Burson, 909 S.”
— Tenn. Code Ann. § 23-3-103(a) — 6 cases
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “Although a parent “may sue or defend” on behalf of their minor child, see Tenn. R. Civ. P. 17, a parent who is not “duly licensed” may not engage in the “practice of law” on behalf of their minor child.”
Dorothy Lavon W. Coleman v. Keith M. Coleman (ShawnCoulson, LLP, Wheeler & Franks Law Firm, P.C., Movants in Fee Dispute) - Dissenting Opinion (Tenn. Ct. App. 2013).
In Re: Stephen M.P. (Tenn. Ct. App. 2012).
Nelson, Anvil v. QVS, Inc., 2023 TN WC App. 11 (Tenn. Work. Comp. App. Bd. 2023).
Higgins, Darrius v. Big K Food Mkt. & Liquors, Inc., 2014 TN WC App. 3 (Tenn. Work. Comp. App. Bd. 2014).
— Tenn. Code Ann. § 23-3-103(b) — 3 cases
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001). “Although we held that regulation of the unauthorized practice of law was a power inherent in the judiciary, we permitted the legislature to prescribe a criminal penalty for this unlawful conduct, see Tenn.Code Ann. § 23-3-103(b) (1994), because the legislation was “an aid to the…”
Petition of Burson, 909 S.W.2d 768 (Tenn. 1995). “§ 23-3-103 (1994), which prohibits the unauthorized practice of law and provides, in pertinent part that, (a) No person shall engage in the “practice of law” or do “law business,” or both, as defined in § 23-3-101, unless such person has been duly licensed therefor, and while…”
Petition of Youngblood, 895 S.W.2d 322 (Tenn. 1995). “T.C.A. § 23-3-103(b) (1994). Consequently, the determination by the Board that the performance posed in the inquiry constitutes the unauthorized practice of law goes beyond the rendering of an opinion regarding ethical conduct by the petitioners.”
— Tenn. Code Ann. § 23-3-103(c)(3) — 1 case
State of Tennessee, Ex Rel. Herbert Slatery III v. The Witherspoon Law Grp. PLLC (Tenn. Ct. App. 2022). “8, 2007) (citing Tenn. Code Ann. § 23-3-103 ; Petition of Burson, 909 S.”
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