This post is a follow-up to my indication that I would be writing soon about what I am doing, perhaps the least I can do, to send a message that is commensurate with this moment in history.
The erosion of the rule of law, the attacks on law firms and judges, and the speed run of the destruction of the core principals of our democracy that the Trump Administration is pursuing requires courage among all who know what is happening is wrong.
A number of bar associations have been trying to meet this moment in history. I am proud of my membership in the American Bar Association and the Association of Professional Responsibility Lawyers which are among those bar associations that are doing so.
Unfortunately, the Tennessee Bar Association has remained silent.
I have been a member of the TBA for more than twenty years. And I have not just been a casual member. I served it as a member of the House of Delegates for three years. I have served two different periods of time on the TBA Board of Governors, amounting to around eight years of service in that role. I also served for more than twelve years as the Chair of the TBA’s Ethics Committee. I am even a member of the Tennessee Bar Foundation as well.
Unless the TBA reverses course and publicly speaks out by Law Day (May 1) against the attack on the rule of law and lawyers that is taking place, I will refuse to renew and cease being a member come June 1.
While an act of speaking up by the TBA now would be late, late is extraordinarily better than never. It also remains incredibly easy for the TBA to do the right thing to make its voice heard. All the President of the TBA would have to do is send an email to be added to the group of bar associations standing behind the message at this link. There are also many organizations working on a National Law Day of Action to take place on May 1. The fact that the TBA has hesitated to do either of these things at this moment in history is dispiriting, the possibility that it is not only hesitating but determined to stay silent will be an unforgivable outcome.
Before taking this public step, I have made more private efforts at communicating with the leadership of the TBA. Regretfully, I have become more and more convinced that the TBA is actually determined to remain silent in an unforgivable act of cowardice.
I have received several emails from the TBA urging me to renew my membership before the new 2025-26 bar year that begins in June, and, if you are also a TBA member, I am certain you have as well. For my part, unless the status quo changes, I will not be renewing my membership in the TBA. If you are a TBA member and you also know that remaining silent is wrong, then I would encourage you to also not renew your membership and to tell the TBA why you are walking away.
If the rule of law is lost, then nothing else the TBA exists to do matters. If the TBA cannot realize the need to speak up for the profession and the rule of law now, then I don’t see what purpose it serves.
(P.S. Much of what I have said above can also be said about the Memphis Bar Association. I am more hopeful based on private communications that it may get to the correct result on its own but, if not, I am prepared to quit that organization after having been a member for more than 25 years.)
3 replies on “The failure, so far, of the Tennessee Bar Association.”
Thank you for having been involved in the effort to inform and enhance ethical conduct within the Bar. I agree completely with your observations, reasoning and stance.
To do otherwise, would be professional malpractice.
Brian, was your dander up like this when Schumer threatened two Supreme Court justices? When Biden bragged he was going to defy the Supreme Court on student loans? One reason the ABA is losing ground is that it chooses political sides. I for one am proud the TBA has the sense to stay out of politics—something I have advocated for years.
Sam,
Thanks for reading. You know full well that the things you are “whatabout” ing are mischaracterications of what actually happened and, even if they were not, they do not come even close to what is occurring now. The idea that you think the TBA remaining silent on the attack on our profession is “stay[ing] out of politics” is sad.