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2008 Edition: Tennessee Rules of Professional Conduct Download Rules as a PDF | Return to Rules home page |
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CHAPTER 1 Rule 1.0 (a) Belief or Believes denotes that the person involved actually supposed the fact in question to be true. A persons belief may be inferred from circumstances. (b) Consents in Writing or Written Consent denotes either (i) a written consent executed by a client, or (ii) oral consent given by a client which the lawyer confirms in writing in a manner which can be easily understood by the client and which is promptly transmitted to the client by means reasonably calculated to reach the client. (c) Consult or Consultation denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question. (d) Fiduciary denotes a person who is required to act for the benefit of another person on all matters within the scope of their relationship, under which relationship the person acting for the benefit of the other person owes the duties of good faith, trust, confidence, and candor. Fiduciary includes a trustee, executor, administrator, personal representative, guardian, conservator, partner, agent, officer of a corporation, or any other person acting in a fiduciary capacity for any person, trust or estate. (e) Firm or Law Firm denotes a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation, government agency, or other organization and lawyers employed in a legal services organization. See also Comment [1] of RPC 1.10. (f) Fraud or Fraudulent denotes an intentionally false or misleading statement of material fact, an intentional omission from a statement of fact of such additional information as would be necessary to make the statements made not materially misleading, and such other conduct by a person intended to deceive a person or tribunal with respect to a material issue in a proceeding or other matter. (g) Knowingly, Known, or Knows denotes actual awareness of the fact in question. A persons knowledge may be inferred from circumstances. (h) Material or Materially denotes something that a reasonable person would consider important in assessing or determining how to act in a matter. (i) Partner denotes a partner in a law firm organized as a partnership or professional limited liability partnership, a shareholder in a law firm organized as a professional corporation, a member in a law firm organized as a professional limited liability company, or a sole practitioner who employs other lawyers or nonlawyers in connection with his or her practice. (j) Reasonable, Reasonably, or Reasonableness when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer. (k) Reasonable Belief or Reasonably Believes when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable. (l) Reasonably Should Know when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question. (m) Substantial or Substantially denotes something that is not only material but also of clear and weighty importance. (n) Tribunal denotes a court or other adjudicative body. (o) Unreasonably when used in relation to conduct by a lawyer denotes conduct contrary to that of a reasonably prudent and competent lawyer. COMMENTS
In circumstances in which these rules require either consent in writing or written consent, the requirement may be satisfied by an electronic transmission that is reasonably calculated to reach the client, provided that the transmission can be reduced to writing or permanently retained in electronic format. |
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