Network of Enlightened Women President: Tennessee’s full-time practice requirement for attorneys is an economic barrier

Karin Lips, president of the Network of Enlightened Women, said that Tennessee’s full-time work requirement for attorneys is an economic barrier.

Tennessee is one of the few states that mandates that in order to practice law in the state without having to pass the bar exam, a lawyer must have worked full-time. This implies that a part-time lawyer who relocates to Tennessee from another state must pass the Tennessee bar exam, regardless of previous bar exam success or prior professional experience.

According to Lips, this imposes a penalty on those who have voluntarily chosen to reduce their hours, like some working mothers.

In April this year, the Network of Enlightened Women filed a petition to the Tennessee Supreme Court, asking the court to remove the full-time work requirement. There were more than 30 comments made. Every comment is in favor of getting rid of the full-time employment requirement.

Lips said that even the Tennessee Board of Law Examiners, which is responsible for administering the rules on admission, agreed that the state’s requirement is unnecessary.

Tennessee Board of Law Examiners wrote:

“The Board agrees that requiring the full-time practice of law for admission without examination is not necessary to ensure competence among attorneys admitted on the motion. In fact, it appears that a full-time practice requirement (which is not typically required to maintain a law license) can have the undesirable effect of making it unnecessarily difficult for working mothers, for example, to obtain admission to the Tennessee bar without examination.”

Lips stated that support from the Tennessee Board of Law Examiners is important since the board had previously denied requests for reciprocal licensure from at least two part-time lawyers who had also provided comments.

Lips added that:

“A comment submitted by the Independent Women’s Forum stated, “Tennessee has an opportunity to join other states in knocking down an employment barrier for professional women.”

Indeed. The issue now goes to the Tennessee Supreme Court, which should remove the full-time work requirement for reciprocity. It is an economic barrier that serves no compelling purpose.”