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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0093 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 27Z Public Acts of 1971 November 1989 89-137 ATTORNEYS: Practice of Law, Unauthorized: Corporations, unlike natural persons, cannot be represented in a court, including a General Sessions Court, without a licensed attorney; an individual who is the controlling, but not the sole stockholder of a closely held family-owned corporation may not appear for the corporation in courts of record; although an individual may represent himself or herself pro se before a Tennessee court, and take all actions necessary and required for such representation, a corporation may not appear before a Tennessee court other than through an attorney licensed to practice law in the State of Tennessee, except as otherwise authorized by the Tennessee Supreme Court; an individual may not represent a corporation in a Tennessee court for the purposes cf enforcing and/or executing on a judgment previously obtained by the corporation in a Tennessee court, however a ecorporation representative can perform ministerial tasks in assisting an attorney execute on or enforce such judgments; an individual may represent himself or herself pro se in any lawsuit cognizable in Tennessee courts, but i-st follow the same procedural and substantive law as any party represented by an attorney. T.C.A. SS23-3-101, -103; Op. Tenn. Atty. Gen. 89-120 (September 21, 1989). 89-138 CONSTITUTIONAL LAW, TENNESSEE: Freedom of Speech: T.C.A. §539-5-845 and -847 cannot be constitutionally applied to impose criminal penalties for expressive conduct such as in the Johnson case because such conduct is protected by Ee free speech clause of the First Amendment; there is no statutory remedy or sanction to ensure that manufacturers of the Tennessee state flag produce such flags in accordance with the statutory specifications set forth in T.C.A. 54-1-301. U.S. Const. Amends. I, -IV; 36 U.S.C. 5176; T.C.A. 54-1-301, SS39-5-842, -843, -845, -847.

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