TENNESSEE ENVIRONMENTAL COUNCIL, INC. v. WATER QUALITY CONTROL BOARD, ET AL. (Tenn.Ct.App. September 28, 2007).
The sole issue on appeal is whether a non-attorney's attempt to participate in a contested case hearing before the Water Quality Control Board as the representative of a corporation is permitted pursuant to Tenn. Code Ann. Section 4-5-305(a), which expressly provides that a corporation may participate in the hearing by a duly authorized representative, or prohibited as constituting the unauthorized practice of law. Notwithstanding the fact that the statute provides that a duly authorized representative of a corporation may "participate" as the representative of the corporation in a hearing, we have determined that a non-attorney may not participate as the representative of a corporation if doing so requires the non-attorney to exercise the professional judgment of an attorney.
Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2007/tnenvcumberlandyacht_092807.pdf
