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SB 1107

Attorneys at Law - As introduced, specifies that an attorney who, while acting in the capacity of counsel for a client or an identifiable prospective client, engages in conduct that constitutes the offense of perjury, aggravated perjury, subornation of perjury, tampering with or fabricating evidence, destruction or tampering with governmental records, or coercion or persuasion of a witness is not immune from prosecution. - Amends TCA Title 23, Chapter 3; Title 27 and Title 39.

114th Regular Session (2025-2026) Introduced by Sara Kyle

Tennessee bill removes prosecutor immunity for attorneys who commit perjury, evidence tampering, witness coercion, or record destruction while representing clients, subjecting them to criminal prosecution.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SB 1107

Legislative bill overview

SB 1107 removes prosecutorial immunity protections for attorneys who commit specific crimes—including perjury, evidence tampering, witness coercion, and record destruction—while acting as legal counsel. The bill clarifies that attorneys cannot use their professional role as a shield against criminal charges for these particular offenses.

Why is this important

Attorney immunity from prosecution has long protected lawyers from frivolous charges that could weaponize the justice system against legal representation. However, this bill addresses the tension between that protection and accountability when attorneys actively participate in obstruction of justice or evidence crimes. It affects the scope of professional protections and the deterrence of serious ethical violations by officers of the court.

Potential points of contention

  • Scope of immunity removal: Critics may argue the bill is too narrow (only covering specific crimes) or too broad (potentially chilling zealous advocacy by creating prosecution risk for ordinary litigation conduct), depending on how courts interpret "while acting as counsel"
  • Prosecutorial discretion concerns: Without clear guardrails, prosecutors could selectively target attorneys based on their cases or client bases, particularly defense attorneys representing controversial clients
  • Professional judgment distinctions: The bill may blur lines between legitimate trial strategy (aggressive cross-examination, challenging witness credibility) and actual criminal conduct, creating ambiguity for attorneys navigating ethics rules

Compiled from official sources — confirm details with the bill’s official record.

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