s one of the few states that requires a lawyer to have worked full-time if she wants to practice as a licensed attorney without having to retake a bar examination. That means when a part-time lawyer moves from another state to Tennessee, that attorney must take the Tennessee bar examination — regardless of whether that lawyer has already passed a bar exam and regardless of past work experience.
Support from the Tennessee Board of Law Examiners is significant, as the board had rejected the petitions for licensure reciprocity from at least two part-time attorneys, both of whom also submitted comments. One of the attorneys, Cheryl Smith, noted, “In 2017 I applied for admission to the Tennessee State Bar by comity. Despite being an experienced attorney, I was denied solely because I had not worked full time during the preceding 3 years. I appealed the denial and lost on appeal.
Kaitlyn Schiraldi from the Mountain States Legal Foundation wrote, “The practice of law is demanding, regardless of how many hours per week one works, and a part-time attorney is no less competent or hardworking than one who works full-time. In fact, attorneys who work part-time often do so because they have other responsibilities, such as raising children or taking care of a sick or elderly relative.
Thanks to IWF IJ CatoInstitute for submitting comments.