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 Carl
A. Pierce
W. Allen Separk Distinguished Professor of Law
B.A., 1969, J.D., 1972, Yale University
Business Associations, Legal Profession, and Professional Responsibility
Pierce@libra.law.utk.edu
Professor Pierce's primary academic interests relate to corporate law
and the regulation of the legal profession. He is also the College of
Law's legal historian. Professor Pierce came to UT shortly after receiving
the J.D. degree in 1972 and served as assistant dean from 1972 until 1974.
While at UT he has been a Fellow in Law and the Humanities at Harvard
University for a year and a visiting professor at Washington University
in St. Louis for a year. Professor Pierce received the Carden Award for
Outstanding Institutional Service in 1993 and 1999. In 1997 he was awarded
the Bass Berry & Sims Award for Outstanding Service to the Bench and Bar
and the Tennessee Bar Association President's Award for Outstanding Service,
and was again awarded the Bass Berry & Sims Award for Outstanding Service
to the Bench and Bar in 2002. Professor Pierce currently serves as chairperson
of the Tennessee Valley Authority Board of Contract Appeals and as the
Reporter for the Tennessee Bar Association's Standing Committee for Ethics
and Professional Responsibility. He previously served as the Reporter
for the Tennessee Bar Association Committee for the Study of Standards
of Professional (1995-2002) and as the Associate Reporter for the American
Bar Association Commission on the Evaluation of the Rules of Professional
Conduct (Ethics 2000 Commission) (1997-2002).
Publications
Books & Chapters:
The Tennessee Supreme Court and the Struggle for Independence, Accountability,
and Modernization 1974-1998, in J. Ely ed., A History
of the Tennessee Supreme
Court, 270-326 (University of Tennessee
Press, 2002).
Bar Associations, in K. Hall ed., The
Oxford Companion
to American Law,
(Oxford University Press, 2002).
Bar Examination, in K. Hall ed., The
Oxford Companion
to American Law,
(Oxford University Press, 2002).
Articles:
Variations on a Basic Theme: Revisiting the ABA's Revision of Model
Rule 4.2, Part III, 70 Tenn. L. Rev.
643 (2003).
Variations on a Basic Theme: Revisiting the ABA's Revision of Model
Rule 4.2, Part II, 70 Tenn. L. Rev.
321 (2003).
Variations on a Basic Theme: Revisiting the ABA's Revision of Model
Rule 4.2, Part I, 70 Tenn. L. Rev.
121 (2002)
Ethics 2000 and the Transactional Practitioner, 3 Tenn.
J. Bus. L. 8 (2002).
Ethics 2000: What That Means for Business Lawyers - The Provisions,
12 Bus. Lawyer
Today 48 (2002).
C. Pierce & L. Pera, Your Ethics Roadmap, 38 Tenn.
B. J. 14 (2002).
Pierce & L. Zelon, Pro Bono Services, 87 A.B.A.J. 64 (May 2001).
ABA Model Rule 2.2: Once Applauded and Widely Adopted, Then Criticized,
Ignored or Evaded, Now Sentenced to Death With Few Mourners, But Not in
Tennessee, 2 Tenn. J. Bus.
Law. 9 (Fall, 2000)
Co-author with L. Pera, Time for a Change? The Proposed Tennessee
Rules of Professional Conduct, Part 1, 34 Tn
Bar. J. 23 (March/April 1998).
Co-author with L. Pera, Updating Ethics? The Proposed Tennessee Rules
of Professional Conduct, Part 2, 34 Tn
Bar. J. 25 (May/June 1998).
Confidentiality, Privilege and the Representation of Organizational
Clients, Alumni Headnotes
(Spring 1996).
Negotiating and Rendering Legal Opinions or Factual Confirmations
to Third Parties on Behalf of Your Client, Alumni
Headnotes (Fall 1995).
The Professional Responsibilities of Corporate Counsel in Transactional
Practice, Alumni Headnotes
(Summer 1995).
The Code of Professional Responsibility in the Corporate World: An
Abdication of Professional Self-Regulation, 6 U. Mich.
J. L. Ref. 350 (1973).
A Vacancy on the Supreme Court: The Politics of Judicial Appointment
1893-94, 39 Tenn. L. Rev.
555 (1972).
Book Reviews:
J. Johnson, American Legal
Culture 1908-1940, 27 Am.
J. Legal Hist.
310 (1983).
Review Essay, 42 Tenn. L. Rev.
615 (1975)(review of Friedman, A History of American
Law and Schwartz, The
Law in America).
Historical Vignettes:
Just Judges or Vindictive Victors: The War Crimes Trial of Captain
Henry Wirz, 1865, UT College of Law Alumni
Headnotes (Spring 1991).
Blood for Blood: The Anti-Gallows Movement in America, 1840-1850,
UT College of Law Forum (October 1989).
A Great Book of the Law: Blackstone’s Commentaries, Four Volumes,
1765-1769, UT College of Law Forum
(March 1989).
Extracting Confessions in Colonial New England, UT College of
Law Forum (November 1988).
Slavery and the Equality of Men--A Legal Puzzle, UT College of
Law Forum (October 1988).
Recent Professional Presentations and Service
"The New Rules of Professional Conduct and How They Apply to Title/ Closing
Agents," Southern Title Insurance Company (Brentwood, TN, February 10,
2003).
"Tennessee Rules of Professional Conduct: An Overview and Some Problems,"
Marion S. Griffin Chapter, Lawyer's Association for Women, (Nashville,
TN, February 7, 2003).
"Estate Planning and the New Tennessee Rules," Knoxville Estate Planning
Council, (Knoxville, TN, February 6, 2003).
"Tennessee Rules of Professional Conduct: A Comprehensive Review," Speaker,
Tennessee Bar Association Continuing Legal Education Seminar (Memphis,
TN, November 5, 2002; Nashville, TN., November 7, 2002; Knoxville, TN,
November 8, 2002; Chattanooga, TN, November 12, 2002; Knoxville, TN, November
13, 2002; Johnson City, Tennessee, November 14, 2002).
" Ethics: Every Day is Exam Day for the Practicing Lawyer, " Speaker,
10th Fall Meeting American Bar Association Section on Environment, Energy
and Resources (Portland, OR., October 12, 2002).
" Too Much, Too Little or Just Right: The lawyer's Role in the Disclosure
of Sensitive Corporate Information," Moderator & Speaker, 10th Fall Meeting
American Bar Association Section on Environment, Energy and Resources
(Portland, OR., October 11, 2002).
"A First Look at the New Tennessee Rules of Professional Conduct," Moderator
& Speaker, Tennessee Bar Association Federal/State Judicial Conference
( Nashville, TN., September 26, 2002)
"What's New in Legal Ethics? Coming Changes in the Rules of Conduct:
The Report of the Ethics 2000 Commission," Bar Association of Metropolitan
St. Louis, (St. Louis, MO., May 24, 2002).
Faculty Forum, "Ethics 2000 and the Transactional Practitioner," St.
Louis University School of Law (St. Louis, MO. May 23, 2002).
"The Professional Responsibilities of Corporate Counsel, 2001-2002,"
Tenth Annual Tennessee Corporate Counsel Institute, (Nashville TN, May
15, 2002)
"The Revised ABA Model Rules of Professional Conduct and the Professional
Responsibilities of Lawyers Representing Debtors and Creditors" ( with
Lucian Pera), 18th Annual Retreat, Bankruptcy Bar Association of the Southern
District of Florida, (Palm Beach, FL, May 12, 2002).
"Ethics and Mediation" (with Bruce Anderson), Alternative Dispute Resolution
Section, Knoxville Bar Association, (Knoxville TN., May 6, 2002).
Panelist, "Ethics in Environmental Law," 31st Annual Solid/Hazardous Waster
Conference, (Gatlinburg, TN., May 3, 2002).
"Rule 4.2 Revisited," Spring Symposium on the Ethics 2000 Commission,
the Adversary System, and the Lawyer Client Relationship, University of
Tennessee College of Law, ( Knoxville TN., April 4, 2002).
"How Will the Changes Recommended by Ethics 2000 Commission Change Environmental
Practice," Panelist, 31st Annual Conference on Environmental Law, ABA
Section of Environment, Energy, and Resources, (Keystone, CO., March 17,
2002).
Faculty Forum, "Reportering: At the Intersection of Scholarship, Public
Service, and Professional Politics," University of Tennessee College of
Law, (Knoxville, TN., March 13, 2002).
"Historical Foundations of an Independent Judiciary," Freedom Forum Symposium
on Judicial Independence, ( Nashville, TN., March 9, 2002).
Lecture, "ABA v. DOJ: Federal Criminal and Civil law Enforcement Investigations
and Proceedings - When Can the Feds Talk to Your Client?" Yale University
Law School, ( New Haven, CT., March 4, 2002).
"Persistent Problems and Changing Rules: The Future of Legal Ethics in
Tennessee," Kingsport Bar Association Ethics Seminar (Kingsport, TN, February
12, 2001).
"Professional Ethics in Environmental Law," 30th Annual Solid/Hazardous
Waste Conference and Exhibition (Gatlinburg, TN, May 10, 2001.
"Current Issues in Ethics and Professionalism for In-House Counsel,"
9th Annual Corporate Counsel Institute, Tennessee Chapter of the American
Corporate Counsel Association and the Clayton Center for Entrepreneurial
Law of the University of Tennessee College of Law, (Knoxville, TN, May
19, 2001).
"The Ethics 2000 Proposals," 17th Annual Professional Responsibility
Seminar, Minnesota Office of Lawyers Professional Responsibility (St.
Paul, MN, September 10, 2001) (with Chief Justice E. Norman Veasey).
"The Proposed Tennessee Rules and the Legal Services Attorney," Statewide
Conference, Tennessee Alliance for Legal Services (Nashville, TN, October,
15 2001).
"Ethics in Commercial Transactions," 22nd Annual Seminar, Mid-South Commercial
Law Institute (Nashville, TN, November 16, 2001) (with Lucian Pera).
"The Professional Responsibilities of Transactional Tax Practitoners
in the Brave New World of Multijurisdictional and Multidisciplinary Practice
- Views from the Volunteer State, the American Bar Association, and the
Internal Revenue Service," Tennessee Federal Tax Institute (Nashville,
TN, November 28, 2001).
"Access to Justice: Competing Visions for the New Century," Panelist,
Sections of Clinical Education, Litigation, Poverty Law, and Professional
Responsibility, Annual Meeting of Association of American Law Schools
(Washington D.C., (January 8, 2000).
"The Rules They May Be A Changin!: Selected Proposals for the Revision
of Tennessee Supreme Court Rule 8," Annual Legal Conference of the Tennessee
Valley Public Power Association (Nashville, TN, February 18, 2000).
"Standards of Professional Conduct and Their Application to Environmental
Practice," 29th Annual Conference on Environmental Law of the American
Bar Association Section of Environment, Energy & Resources, (KeysPanelist,
"Modifications to the ABA Model Rules of Profetone, CO., March 12, 2000).
"CHAOS DOT. COM: A Symposium on the Regulation of Technology-Based Law
Firm Client Development," Panelist, American Bar Association Commission
on Responsibility in Client Development, (San Francisco, CA, April 15,
2000).
"Corporate Counsel and Multi-Ethics: Multiple Roles, Multiple Lawyers
Working in Firms and Teams, Multi-Jurisdictional Practice, and Multi-Disciplinary
Practice," 8th Annual Corporate Counsel Institute, Tennessee Chapter of
the American Corporate Counsel Association and the Clayton Center for
Entrepreneurial Law of the University of Tennessee College of Law, (Memphis,
TN, May 4, 2000).
"Ethics Issues in the Representation of a Fiduciary," Panelist, 26th
National Conference on Professional Responsibility, American Bar Association
Center for Professional Responsibility (New Orleans, LA, June 1, 2000).
"The Proposed Tennessee Rules of Professional Conduct," Blount County
Bar Association, (Maryville, TN, July 5 2000).
"Breaking Boundaries: Areas of Multi-disciplinary and Multi-jurisdictional
Practice," Moderator, Bench and Bar Night, Phi Alpha Delta Law Fraternity
(Knoxville, TN, September 11, 2000).
"New Frontiers in Ethics: The Proposed Tennessee Rules of Professional
Conduct and Other Adventures," Mid-South Commercial Law Institute (Nashville
TN, November 17, 2000)( with Lucian Pera).
Panelist, Knoxville Bar Association 2nd Annual Ethics and Environmental
Law Seminar (Knoxville, TN, December 15, 2000).
"Proposed Tennessee Rules of Professional Conduct," Kingsport Bar Association,
(Kingsport, TN, January 29, 1999).
"Reconciling a Fractured Profession - Ethics 2000 and the Future of the
Bar." Joint Claims Committee Meeting of the National Association of Independent
Insurers (Atlanta, GA, February 18, 1999).
"An Insider's Look at Law Office Management," Co-planner and Panelist,
Knoxville Bar Association, Knoxville Chapter of Association of Legal Administrators,
& UT College of Law Center for Entrepreneurial ( Knoxville TN, February
26, 1999).
"Professional Responsibilities of Corporate Counsel: Recent Developments,"
Seventh Annual Tennessee Corporate Counsel Institute, (Nashville, TN,
April 17, 1999).
"A Tennessee Lawyer's Ethical Issues in Mediation," Co-planner and Moderator,
Phi Alpha Delta Law Fraternity, Bench & Bar Night (Knoxville, TN, September
13, 1999).
"Confidentiality: Choices for Change. Or Not." Central States Law School
Association, (St. Louis, MO, October 9,1999).
"Ethics Workshop - Application of the New Rules to Commercial and Bankruptcy
Issues," Mid-South Commercial Law Institute (Nashville TN, November 5,
1999).
"Toward a History of the Tennessee Supreme Court: From 1974 into the
New Millenium" Tennesssee Supreme Court Historical Society (Memphis TN;
November 18, 1999).
"Professional Responsibilities of Lawyers Representing Multiple Clients
in the Formation, Conduct, Disposition and Dissolution of a Business,"
50th Annual Tennessee Federal Tax Institute ( Nashville, TN; December
1, 1999).
"Government Lawyers and the Changing Rules of Professional Conduct,"
U.S. Department of Justice Seminar on Professional Resposnibility and
Ethics for Government Attorneys, (Knoxville TN; December 17, 1999).
Selected Achievements and Affiliations
Associate Reporter, American Bar Association Commission on Evaluation
of the Rules of Professional Conduct (Ethics 2000), 1997-2002.
Reporter, Tennessee Bar Association Committee on Standards of Professional
Conduct, 1995-2002.
Reporter for the Tennessee Bar Association's Standing Committee for
Ethics and Professional Responsibility 2002-present.
Carden Faculty Award for Outstanding Service, 1993 & 1999.
Bass, Berry & Sims Award for Outstanding Service to the Bench and Bar,
1997 and 2002.
Tennessee Bar Association President's Award for Outstanding Service,
1997.
Chairperson, Tennessee Valley Authority Board of Contract Appeals, 1995-present.
December 19, 2005
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