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Commissioner raises practice-of-law concern about non-lawyers representing developers; county lawyer urges caution and suggests professional board guidance
Summary
A commissioner questioned whether non-lawyers appearing to represent corporate applicants might violate Tennessee's 'law business' statutes; county legal counsel said existing case law and First Amendment petition rights make such prosecutions unlikely and recommended consulting the Board of Professional Responsibility for guidance.
During the Jan. 22 meeting a commissioner raised a legal concern that non-lawyers who appear to represent corporations or other parties before the Board could be engaging in the unauthorized practice of law. The commissioner argued that Tennessee’s definition of 'law business' might include acting to secure property rights for someone else, which could require an attorney to represent a corporate applicant.
County counsel’s response: Director Moyers (county legal counsel) reviewed precedent and told the board he found no clear case law to support the broad interpretation. He cited an appellate case (Faust) in which activity similar to clerical actions was not deemed the practice of law; he noted that unauthorized-practice statutes generally focus on acts requiring a lawyer’s professional judgment and often target those acting for valuable consideration as part of a law-business enterprise. He also flagged First Amendment petition rights as protective of appearing before government bodies. Moyers recommended seeking a formal opinion from the Board of Professional Responsibility if the commission wants definitive guidance.
Why it matters: The exchange underscores recurring questions about who may represent applicants at zoning and other local-government hearings. Many applicants use retained agents or employees to present cases; the commission’s advisories could affect whether developers must be represented by licensed counsel and how staff and the public assess representation.
Key quotes: Commissioner Fox expressed unease about individuals appearing for corporations without legal credentials; Director Moyers said he did not believe present practices were intended to criminalize typical applicant representatives but recommended obtaining Board of Professional Responsibility guidance.
Sources: Verbatim exchange between Commissioner Fox and county counsel read into the record at the Jan. 22 meeting.
