In early 2007, the Chief Disciplinary Counsel of the Board of Professional Responsibility and the Executive Directors of the Tennessee Commission on Continuing Legal Education, and the Board of Law Examiners met with the Board of the Tennessee Lawyers Assistance Program to work together to recommend some actions to address issues of attorney distress and to increase attorney well-being and professional competence. Justice Gary R. Wade and current Chief Justice Janice M. Holder, then serving as liaisons to BPR, TCCLES, and TLAP, were present for that discussion. Justice Wade requested the staff of these agencies to come up with a set of recommendations. In response, staff produced a memorandum on "Recommendations for New Approaches to Improved Professionalism." One of the recommendations read:

Accredit coaching programs for continuing legal education requirements.

Developing further on the preceding proposal, we recommend that the Tennessee Commission on Continuing Legal Education and Specialization develop standards and begin to accredit individual coaching engagements for continuing legal education credit. A review of the standards contained in section 5 of Supreme Court Rule 21 suggests that no modification to the Rule would be required for this action. We note that distancelearning formats are currently approved by the Commission and suggest that individual coaching, whether conducted in person or via electronic means, provides a superior educational format for individuals seeking not just new information, but also endeavoring to apply that information in their practice. However, given that such a coaching experience involves significant levels of engagement by the attorney and assurances of an appropriate learning experience at least equivalent to traditional CLE seminars, we recommend that such coaching engagements be considered equivalent to attendance at a live seminar and not be limited under any cap on distance learning credits.

It has been said that the best education is a great teacher on one end of a log and the student on the other. That is true, but such teaching is also expensive. Thus, it is highly likely that this will be of value to only a small number of attorneys. However, since such sessions can be delivered by telephone, webinars, etc., the best coaches from around the country will be able to offer programs for Tennessee attorneys. For the attorneys that this offering “fits”, however, the impact could be great. Comments from attorneys who have attended programs focusing on increased professionalism through increased resilience, optimism, etc. suggest that many want some type of individualized, private session. This approach will meet that need. Although, as noted in the discussion on mentoring, Tennessee and a number of other states do approve some type of one-on-one learning experiences for CLE credit, the approach under consideration would open new pathways toward improved competence. To implement a program in this area, the Commission has under consideration the following possible new section to its Regulations:

5I. Credit for Individual Coaching

The Commission will, after consideration as a body and not through staff, give dual credit for “Courses” consisting of individual coaching sessions on topics described in 5H.2 above if:

1. The Coach has been approved as a provider by the Commission. To be approved, coaches must show:

a) state licensure in some therapeutic designation for mental health or psychology, or
b) completion of an acceptable post-graduate degree program, or
c) certification by an independent coaching certification organization with acceptable knowledge and performance standards and assessments applicable to the course of coaching sessions proposed.

2. The coaching sessions must be submitted in advance as a complete offering involving a set number and length of sessions, defined topics, content to be covered, readings or other material to be assigned, and a general description of actions expected by participating attorneys, and price.
3. Courses will be accredited under this section only for the time included in the approved coaching sessions. Time invested by the attorney outside such sessions to complete readings or assignments will not receive credit.
4. The Coach agrees to report and pay for attendance for the attorney upon completion of the sessions including adequate performance by the attorney on assignments made by the Coach as part of the program.

Accreditation of a “Course” under this section will be for one calendar year only (or the portion of a year remaining at the time of approval). Courses must be re-submitted annually, including the current basis for approval of the Coach under 5I.1.