As attorney mobility continues to increase and more lawyers practice in multiple states, the Tennessee Supreme Court has amended Tennessee Supreme Court Rule 21 and its accompanying regulations to ease the requirements for attorneys who hold a Tennessee law license but may not have an active practice here.
Starting with the 2026 compliance year, the Tennessee Commission on Continuing Legal Education will not require attorneys to claim an annual exemption if they meet certain requirements with the Board of Professional Responsibility (BPR). In addition, attorneys who live and practice in another state may be able to use their continuing legal education (CLE) compliance in that state to satisfy the Tennessee requirements.
Inactive or Exempt Status with the Board of Professional Responsibility
Attorneys have long expressed confusion about CLE obligations while inactive. Currently, attorneys with an inactive Tennessee law license may still have a requirement to report annually to the CLE Commission, usually in the form of claiming an exemption.
Although these recent amendments to Rule 21 eliminate all CLE exemptions other than the age exemption, attorneys who are inactive or exempted from Tennessee Supreme Court Rule 9 under Section 10.3 will no longer have an annual reporting requirement to the CLE Commission. This includes attorneys who:
- serve as a justice, judge, or magistrate judge of a federal court or who serve in any federal office in which the attorney is prohibited by federal law from engaging in the practice of law,
- are on active duty with the armed forces, or
- are faculty members of Tennessee law schools and do not practice law.
The Commission will duplicate the BPR status of attorneys who have opted for the Rule 9 exemption and make them inactive with the Commission. During the period of inactivity, attorneys will have no annual reporting requirement, will not be required to file an annual report statement, and will not be subject to noncompliance fees.
To reactivate an inactive law license, the Commission will look to the last two years of an attorney’s professional activity. In most cases, the attorney will not need to earn CLE to return to active status with the BPR and the Commission if they are inactive under these conditions.
Attorneys not engaged in the practice of law who do not fall into one of the three categories above and who take an exemption under Rule 9, Section 10.3(e) will be required to earn up to two years of CLE to reactivate, a change from the previous requirement of five years of CLE.
Out-of-State Attorneys
Attorneys who are licensed in another state and meeting that state’s CLE requirements may qualify for comity compliance, a new offering that permits attorneys in states approved by the Commission to use that state’s compliance to meet Tennessee’s CLE obligation.
The Commission reviews each state’s requirements to determine that jurisdiction’s eligibility for comity compliance in Tennessee. Attorneys who qualify will submit proof of compliance from an approved jurisdiction in lieu of reporting hours directly to Tennessee.
Age Exemption
The threshold for an age exemption (the compliance year in which an attorney turns 71) will not change, but the Commission will automatically apply the exemption to every attorney in the year they become eligible. The Commission will continue to maintain accounts for age-exempt attorneys and welcomes them to continue to earn and report CLE.
Disability & Exceptional Relief
Rule 21 will no longer require attorneys who have a disability to file an annual Request for Substitute Program Based Upon Disability under Section 3.02. This provision of the Rule is obsolete, as the Court permitted all hours to be earned remotely several years ago. In addition, attorneys needing other accommodations can apply for Exceptional Relief with the Commission under Rule 21, Section 2.04.
Effective Date
These changes will go into effect for the 2026 compliance year, which ends December 31, 2026. All current compliance rules remain in effect until attorneys have completed their obligation or claimed an exemption for 2025, so most attorneys will notice little change until 2027 when compliance for 2026 is verified. The Commission will share communication tailored to each attorney based on their status with the BPR to assist them in navigating their individual situation.
Attorneys who typically claim an exemption other than the age exemption may wish to consider their options regarding their license status in 2026 if their license is active with the BPR.
Additional Amendments
Some other changes that take effect for the 2026 compliance year:
- The Commission no longer will require an affidavit for published writings credit under Rule 21, Section 4.08(b).
- The Commission will no longer grant credit for passing a bar exam. Attorneys who are admitted after September 1 are automatically exempt from the CLE requirement that year.
- Attorneys who are exempt from the CLE requirement, such as new attorneys, who earn CLE may carry those hours forward to the next compliance year under the amendment.
Fees & Funding
Compliance fee rates remain unchanged, as they largely have for decades. Attorneys are not required to pay any fees to the Commission unless they are noncompliant or seek credit for unaccredited out-of-state courses. The Commission is self-funded, with about 60% of its budget coming from providers who pay $2 per hour, per attorney to report CLE attendance. In addition to funding the Commission’s operations, CLE supports Access to Justice initiatives each year through grants totaling more than $350,000.
Have Questions?
For questions about how these updates affect your CLE or BPR status, contact the Commission at info@cle.tncourts.gov or use our contact us form here. The Commission will provide individualized guidance to ensure attorneys transition smoothly under the amended Rule 21 starting with the 2026 compliance year.