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1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0111 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 May 1991 91-43 ATTORNEYS: Board of Professional Responsibility: Disbarment: Legislation which would mandate the disbarment of an attorney who breached a fiduciary duty tlat the attorney owes to another attorney or client by the Board of Professional Responsibility pursuant to Rule 9 of the Supreme Court Rules would be unconstitutional and would violate the doctrine of Separation of Powers under Article II, Section 2 of the Tennessee Constitution. Tenn. Const. Art. II, S2, Art. VI, S1; T.C.A. §23-3-201. 91-54 ATTORNEYS: Practice of Law, Unauthorized: An individual who is not an attorney may not represent a third party in actions commenced in General Sessions Courts; a General Sessions Judge has inherent and statutory power to inquire into the possible unauthorized practice of law before his or her Court, and to issue any necessary order to restrain such practice, including an order of contempt. T.C.A. §16-15-401, 5§23-3-101, -103, S29-3-112; Ops. Tenn. Atty. Gen. 86-159 (September 10, 1986), 89-120 (September 21, 1989). 91-45 CONSTITUTIONAL LAW, TENNESSEE: Amendments: Lotteries: The General Assembly can pass a lottery resolution which not only gives the people the right to vote on the prohibition against lotteries, but also provides for an effective date. Tenn. Const. Art. XI, §3. 91-47 CONSTITUTIONAL LAW, TENNESSEE: Appropriations: Education: Because a $1,145,767,700 appropriation would conform with the state expenditure requirements contained in the bill under a proposed amendment, House Bill 752, the Education Improvement Act of 1991, would satisfy the requirements of the third paragraph

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