Tennessee AI Ethics Rules for Attorneys

Tennessee has demonstrated awareness of AI’s growing impact on legal practice, with the Tennessee Bar Association (TBA) and Board of Professional Responsibility monitoring developments in this rapidly evolving area. While Tennessee has not yet issued formal AI-specific ethics guidance, the Tennessee Rules of Professional Conduct provide comprehensive standards that govern attorney use of artificial intelligence, including duties of competence, confidentiality, candor, and supervision.

Current Regulatory Status

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Tennessee Bar Association Position

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As of 2025, the Tennessee Bar Association has not released formal ethics opinions specifically addressing generative AI or large language models. However, the TBA has:

• Published educational content on technology and legal practice
• Offered CLE programming addressing AI developments
• Monitored ABA guidance and developments in other states
• Engaged with members on emerging technology issues

Key Resources:

• Tennessee Rules of Professional Conduct
• Tennessee Bar Association
• Tennessee Board of Professional Responsibility

Tennessee Rules of Professional Conduct Applied to AI

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Competence (RPC 1.1)

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Tennessee Rule 1.1 requires lawyers to provide competent representation, encompassing “the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”

AI Competence Requirements:

• Understand AI tool capabilities and inherent limitations
• Recognize that generative AI can produce plausible but fabricated content
• Develop sufficient technical literacy to evaluate AI outputs
• Maintain independent legal analysis rather than delegating to AI

Confidentiality of Information (RPC 1.6)

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Tennessee Rule 1.6 prohibits lawyers from revealing information relating to the representation without client consent, except in limited circumstances.

AI Confidentiality Analysis:

• Evaluate AI platform security and data practices before any use
• Review Terms of Service for data handling, retention, and sharing
• Determine whether AI provider access constitutes third-party disclosure
• Implement safeguards or avoid inputting confidential client information

Essential Due Diligence:

• Does the provider use inputs to train AI models?
• Is data encrypted in transit and at rest?
• Are inputs shared with third parties or affiliates?
• What data retention and deletion policies apply?
• Where are servers physically located?

Communication (RPC 1.4)

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Tennessee Rule 1.4 requires lawyers to keep clients reasonably informed and explain matters sufficiently for informed decision-making.

AI Communication Considerations:

• Significant AI use affecting strategy may warrant disclosure
• Fee implications of AI efficiency should be communicated
• Client inquiries about AI use require honest responses
• Informed consent may be appropriate for material AI involvement

Candor Toward the Tribunal (RPC 3.3)

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Tennessee Rule 3.3 prohibits lawyers from knowingly making false statements of fact or law to a tribunal or offering evidence known to be false.

AI Verification Imperative:

• All AI-generated citations must be independently verified
• Quoted case language must be checked against original sources
• Legal propositions must be confirmed through authoritative research
• Presenting AI-fabricated content to courts violates candor duties

Responsibilities of Partners, Managers, and Supervisory Lawyers (RPC 5.1)

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Tennessee Rule 5.1 requires partners and supervising lawyers to make reasonable efforts to ensure the firm has measures giving reasonable assurance of compliance with professional conduct rules.

Responsibilities Regarding Nonlawyer Assistance (RPC 5.3)

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Tennessee Rule 5.3 requires lawyers with supervisory authority over nonlawyers to make reasonable efforts to ensure their conduct is compatible with the lawyer’s professional obligations.

Combined AI Supervision Framework:

• Establish firm-wide AI use policies and procedures
• Provide training on ethical AI use to all personnel
• Implement mandatory verification protocols
• Monitor compliance through quality control measures
• Treat AI output like work from an unsupervised assistant

Tennessee Court Requirements

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Tennessee Supreme Court

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The Tennessee Supreme Court has not yet implemented mandatory AI disclosure requirements. However, attorneys should:

Monitor Developments:

• Track Supreme Court rule amendments and orders
• Review developments from the Court of Appeals
• Check Court of Criminal Appeals guidance
• Stay informed on Board of Professional Responsibility statements

Recommended Practices:

• Verify all citations before any court submission
• Maintain thorough documentation of verification processes
• Be prepared to certify human review of AI-assisted filings
• Disclose AI use when directly relevant to proceedings

Tennessee Trial Courts

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Tennessee’s circuit, chancery, and criminal courts may develop local practices. Attorneys should:

• Check local rules in each judicial district
• Inquire about individual judge preferences
• Monitor Administrative Office of the Courts communications

Federal Courts in Tennessee

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Eastern District of Tennessee

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The U.S. District Court for the Eastern District of Tennessee (Knoxville, Chattanooga, Greeneville divisions) practitioners should:

• Monitor Local Rules for AI-related amendments
• Review assigned judge standing orders
• Verify all citations independently
• Document verification processes

Middle District of Tennessee

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The U.S. District Court for the Middle District of Tennessee (Nashville, Columbia, Cookeville divisions) requires:

• Tracking Local Rule developments
• Checking individual judge requirements
• Maintaining verification documentation
• Following emerging disclosure practices

Western District of Tennessee

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The U.S. District Court for the Western District of Tennessee (Memphis, Jackson divisions) attorneys should similarly:

• Monitor for AI-related Local Rule changes
• Review judge-specific standing orders
• Implement robust verification protocols

Sixth Circuit Considerations

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Tennessee federal practitioners should follow Sixth Circuit developments, as circuit guidance may affect appellate practice and trickle down to district courts.

Tennessee Board of Professional Responsibility

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Disciplinary Framework

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The Tennessee Board of Professional Responsibility investigates attorney misconduct. AI-related conduct that could trigger discipline includes:

• Submitting fabricated or unverified citations to courts
• Disclosing client confidential information through AI platforms
• Failing to supervise AI use by firm personnel
• Billing fraud related to AI-assisted work

Risk Mitigation Strategies:

• Document reasonable efforts to comply with ethics rules
• Maintain verification records for all AI-assisted work
• Implement and follow written AI use policies
• Address errors promptly, transparently, and appropriately

Practical Compliance Framework for Tennessee Attorneys

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Tennessee-Specific Considerations

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Grand Divisions Practice

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Tennessee’s three grand divisions (East, Middle, and West) each have distinct legal cultures:

East Tennessee:

• Strong Appalachian legal tradition
• Mix of urban (Knoxville, Chattanooga) and rural practice
• Federal court influence from significant TVA litigation history

Middle Tennessee:

• Nashville’s growing legal market
• Healthcare, entertainment, and corporate practice
• State government-related legal work

West Tennessee:

• Memphis-centered practice
• River commerce and logistics industry clients
• Civil rights legal history

AI implementation should account for Tennessee’s diverse practice environments while maintaining consistent ethical compliance.

Access to Justice in Tennessee

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Tennessee has significant access-to-justice needs. AI could support efforts to:

• Increase efficiency in legal aid organizations
• Reduce costs for middle-income Tennesseans
• Expand pro bono capacity across the state
• Support rural practitioners with limited resources

However, AI use in any context must maintain full ethical compliance.

Tennessee Legal Community

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Tennessee’s legal community includes:

• Active state bar association with ethics resources
• Three law schools producing new practitioners
• Mix of large-firm, small-firm, and solo practice
• Strong local bar associations in major cities

Professional Liability Considerations

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Malpractice Insurance

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Tennessee attorneys should review malpractice coverage regarding AI:

Coverage Analysis:

• Check for technology-related exclusions
• Understand how AI-related errors might be categorized
• Document reasonable care in AI implementation
• Report potential claims per policy requirements

Risk Management:

• Maintain detailed verification records
• Document AI use policies and training
• Keep evidence of independent review for all AI-assisted work
• Consider discussing AI practices with insurance carriers

Anticipated Developments

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Expected Guidance

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Tennessee attorneys should monitor for:

• Tennessee Bar Association ethics opinions on AI
• Board of Professional Responsibility guidance
• Tennessee Supreme Court rule amendments or orders
• CLE programming on AI ethics compliance

Proactive Preparation

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Until Tennessee-specific guidance emerges:

• Apply existing Rules of Professional Conduct conservatively
• Follow ABA Formal Opinion 512 as persuasive national guidance
• Document compliance efforts thoroughly
• Stay informed on developments in other states

Frequently Asked Questions

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Resources

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• Tennessee Rules of Professional Conduct
• Tennessee Bar Association
• Tennessee Board of Professional Responsibility
• Tennessee Courts Website
• ABA Formal Opinion 512 - National guidance on attorney AI use
• [AI Hallucinations in Courts](/industries/legal-hallucinations/) - Sanctions cases nationwide