Section 36 - Tennessee Lawyer Assistance ProgramThe Tennessee Lawyer Assistance Program (TLAP) was established by the Court to provide immediate and continuing help to attorneys, judges, bar applicants, and law students who suffer from physical or mental disabilities that result from disease, disorder, trauma, or age and that impair their ability to practice or serve.
36.1. Referrals to TLAP.(a) Pursuant to Rule 33.07(A) of the Rules of the Tennessee Supreme Court, the Board, or its hearing panels or Disciplinary Counsel, may provide a written referral to TLAP of any attorney who the Board, or a hearing panel or Disciplinary Counsel determines: (1) has failed to respond to a disciplinary complaint; (2) has received three or more complaints within a period of twelve months; (3) has received a complaint that includes multiple failures to appear or to respond or to take any other action in compliance with established rules or time guidelines; (4) has pleaded impairment or disability as a defense to a complaint; (5) has exhibited behavior or has engaged in behavior that, in the BPR's determination, warrants consultation and, if recommended by TLAP, further assessment, evaluation, treatment, assistance, or monitoring; (6) is seeking readmission or reinstatement where there is a question of either prior or present impairment or disability; or (7) is requesting TLAP's involvement.(b) The Executive Director of TLAP shall review any referral made pursuant to subsection (a). If the Executive Director of TLAP deems that assistance and monitoring of an attorney is appropriate, the Executive Director will make reasonable efforts to enter into a Monitoring Agreement ("Agreement") with the attorney pursuant to Rule 33.05(E) of the Rules of the Tennessee Supreme Court. If the Executive Director of TLAP determines that TLAP assistance is not appropriate, for whatever reason, the Executive Director shall report that determination in writing to the referring party under subsection (a), without further elaboration and without disclosure of information otherwise confidential under Rule 33.10.(c) The Board will provide written notification to the Executive Director of TLAP that TLAP's assistance will be or has been recommended in any matter pending before the Board or when the Board, or a hearing panel or Disciplinary Counsel, knows that TLAP has an ongoing relationship with an attorney who has a matter pending before the Board. The Board will provide such notification prior to the date of any hearing and will further provide notice of any hearing date. The Executive Director of TLAP or his or her representative may attend any such hearing. (d) The Board will provide written notification to the Executive Director of TLAP of any provision concerning the participation of TLAP included in any proposed order submitted by the Board, or by a hearing panel or Disciplinary Counsel, to the Court or any other agreement between the respondent or petitioning attorney and the Board or Disciplinary Counsel, informal or otherwise, in which TLAP is required. The Executive Director of TLAP will notify the Board of any requested modification of the order and may decline involvement. Both the Board and TLAP will timely provide this information to the other to prevent unnecessary delay of the disciplinary process. If the Executive Director of TLAP declines involvement of TLAP, neither the Board, nor a hearing panel nor Disciplinary Counsel, shall include TLAP's participation in any proposed order submitted to the Court. Neither the Board, nor a hearing panel nor Disciplinary Counsel, shall include TLAP in any proposed order submitted to the Court unless TLAP has given notice to the Board or the respondent or petitioning attorney or his or her counsel that TLAP will accept involvement in the matter. In any proposed order submitted by the Board, or by a hearing panel or Disciplinary Counsel, to the Court that includes TLAP involvement, the proposed order shall specifically state that TLAP has been consulted and that TLAP has accepted involvement in the matter, and the proposed order shall contain a certificate of service stating the date and manner in which the proposed order was served upon the Executive Director of TLAP.(e) Pursuant to Rule 33.07(B) of the Rules of the Tennessee Supreme Court, TLAP will provide the Board with the following information: (1) TLAP will notify Disciplinary Counsel of a referred attorney's failure to establish contact with TLAP or enter into a recommended Agreement. (2) If the attorney enters into an Agreement with TLAP which requires mandatory reporting to Disciplinary Counsel, TLAP will provide a copy of the Agreement to Disciplinary Counsel. Such Agreement will provide for notification by TLAP to Disciplinary Counsel of substantial non-compliance with any of the terms or conditions of the Agreement. Contemporaneously with any such notification, the Executive Director of TLAP may make such recommendation to Disciplinary Counsel as TLAP deems appropriate. (3) Upon request of Disciplinary Counsel, TLAP will provide Disciplinary Counsel with a status report of monitoring and compliance pursuant to the Agreement. When appropriate, Disciplinary Counsel will obtain from TLAP's Executive Director a recommendation concerning the attorney's compliance with any Agreement.36.2. Autonomy.The Board and TLAP shall remain completely independent, and the activities of one shall in no way be construed to limit or impede the activities of the other.