Lucian T. Pera focuses his practice on commercial litigation, legal ethics work and media law. A Memphis native, Lucian has practiced law there since 1986. He joined Adams and Reese to assist the firm's expansion to Memphis in 2006.
His civil litigation practice has ranged widely, including a variety of commercial, personal injury and intellectual property litigation.
Lucian's extensive bar association work in the law of legal ethics and professional responsibility has resulted in successful local, Tennessee and national practice and leadership in this emerging field. He represents and advises attorneys, law firms, their clients and businesses who deal with lawyers about all aspects of the law. Recent assignments have included defense of lawyers in disciplinary investigation, counseling clients with disciplinary and other claims against lawyers, advising law firms about loss prevention and claims, and defending and prosecuting motions to disqualify lawyers or for sanctions.
Lucian has represented many media outlets in all sorts of matters, ranging from claims and lawsuits for defamation or invasion of privacy to access to courtrooms, public records and meetings of government bodies. He has litigated several key media access cases, including a Tennessee Supreme Court case extending access under the Tennessee Public Records Act to records of private companies that are the "functional equivalent" of government (Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 87 S.W.3d 67 (Tenn. 2002)) and expressly confirming the constitutional right of public and press access to attend civil trials (King v. Jowers, 12 S.W. 3d 410 (Tenn. 1999)).
Other significant accomplishments include:
· Served as President of the Association of Professional Responsibility Lawyers (APRL), the national membership organization of lawyers who work in the legal ethics arena.
· Active involvement in the most recent revision of the American Bar Association Model Rules of Professional Conduct, which are now the model for the lawyer ethics rules in virtually every American jurisdiction, serving as the youngest member of the ABA "Ethics 2000" Commission. Since his Ethics 2000 experience, Lucian has been deeply involved in the ABA House of Delegates' consideration of every other significant change to the ABA Model Rules.
· Leadership of the Tennessee Bar Association ethics committee from 1995 through 2009, including spearheading the TBA's petitions to the Tennessee Supreme Court seeking ethics rules revisions. These included the TBA's successful petition that led to Tennessee adopting in 2002 its own version of the ABA Model Rules of Professional Conduct to replace Tennessee's prior ethics rules, which had been in place since 1970.
· Active involvement in the Media Law Resource Center, the national organization of media entities and their lawyers, including as a contributor to several annual national surveys on media law.
· Currently serves as ABA Treasurer (2011-2014), including service on the ABA Board of Governors and Executive Committee. Prior service on the ABA Board of Governors as a young lawyer from 1994-1997, including chairing its Finance Committee and serving on its Executive Committee. Membership in the ABA House of Delegates, primarily representing the TBA, for all but three years since 1991.
· Assisting in creation of the TBA and ABA websites and chairing the ABA Standing Committee on Technology and Information Systems.
Lucian regularly provides expert witness testimony in matters concerning legal ethics, professional responsibility and the standard of care for lawyers and law firms. He also advises businesses seeking to do business with lawyers about how they may do so legally and ethically.
Lucian also writes and speaks frequently, both nationally and in Tennessee, on legal ethics and professional responsibility and media law. In addition, he routinely conducts presentations and seminars for national audiences.
Professional Memberships / Affiliations
American Bar Association - Treasurer
Media Law Resource Center
Memphis Bar Foundation - Fellow
Miller-Becker Institute for Professional Responsibility - Advisory Board
American Bar Association - Chairman, Standing Committee on Technology and Information Systems
American Bar Association - Special Advisor, Standing Committee on Strategic Communications
Memphis Bar Association
Association of Professional Responsibility Lawyers
American Law Institute - Fellow
American Law Institute - Fellow
Tennessee Bar Foundation - Fellow
Tennessee Bar Association
Other Distinctions
AV® Peer Review Rated by Martindale-Hubbell
Who's Who in American Law 1992-Present
Justice Joseph W. Henry Award for Outstanding Legal Writing 1992
Sam A. Myar, Jr. Memorial Award - Memphis Bar Association 1997
President's Award - Tennessee Bar Association 2000, 2003
Chambers USA - Litigation: General Commercial
Best Lawyers® - Commercial Litigation, Ethics and Professional Responsibility Law, First Amendment Law, Health Care Law, Legal Malpractice Law
Best 150 Lawyers in Tennessee - BusinessTN Magazine
Power Players 2010, 2011, 2012 - Business Litigation - Memphis Business Quarterly Magazine
Litigation Counsel of America - Fellow
Best Lawyers® Lawyer of the Year - Litigation - First Amendment Law, 2012
Mid-South Super Lawyers® - Business Litigation
Articles / Publications
ABA Treasurer's Report: Fiscal Year Ending Aug 31, 2011, 5/1/2012
"Proposed, Approved, Revealed . . . and Explained: How the New Tennessee Rules of Professional Conduct Will Change the Way You Practice Law", 10/28/2010
Lucian Pera's Ethics Article Published in Media Law Resource Center Newsletter, 8/3/2010
Grading ABA Leadership on Legal Ethics Leadership: State Adoption of the Revised ABA Model Rules of Professional Conduct by Lucian T. Pera Oklahoma City University Law Review, Vol. 30, 1/5/2007
In Search of an Ethics Guide, 12/1/2006
Tennessee Bar Journal: Shock Waves - Will Court's New Fules Help Tennessee Judicial Candidates Deal with Aftershocks of "White" Decision?, 6/1/2006
Seminars
2012 Ethics Update, Parts 1 and 2, 2/2/2012
"Ripped from the Case Law: Stengart v. Loving Care Agency Inc." - Mid-South Commercial Law Institute Seminar, 12/2/2011
"Accidental Clients" - Federal Express Corporation Law Department, 12/1/2011
Legal Ethics for Media Lawyers: Current Issues, 11/11/2011
"Accidental Clients" - American Public Power Association Legal Seminar, 11/9/2011
"Learning from the Misery of Others: A Case Study" - Aon Law Firm Symposium, 10/21/2011
"Practical and Ethical Considerations for ALL Counsel in a New Environment for Legal Services" - 19th Section Fall Meeting, ABA Section of Environment, Energy and Resources, 10/14/2011
"Annual Review Seminar: Ethics" - Tennessee Law Institute, 9/13/2011
"Hot Topics in Legal Ethics" - ALI/ABA Telephone Seminar and Audio Webcast, 8/12/2011
Ethics and the Three L's, Lawyers Lobbyists and Legislators, 7/16/2011
Association of Transportation Law Professionals - One-Hour Professional Ethics Presentation by Adams and Reese Partner Lucian Pera, 6/26/2011
Attorney-Client Privilege and the Work Product Doctrine, 5/17/2011
Conflicts of Interest: Identifying the Hazards and Resolving the Issues, 5/6/2011
Updating the Rules of Professional Conduct: The 2011 Revisions, 4/30/2011
Proposed Revisions to the Tennessee Code of Judicial Conduct and Recusal Rules, 4/12/2011
Ethics and Loss Prevention in Tough Times: Now More Than Ever, 4/8/2011
ABA Continuing Education Webinar and Teleconference, 3/16/2011
Teleseminar: 2011 Ethics Update, 2/1/2011
"Updating the Tennessee Rules of Professional Conduct: The 2010 Revisions to Tennessee Legal Ethics", 12/9/2010
Ripped from the Case Law: Corporate Internal Investigations, Joint Representations, and U.S. v. Ruehle, 10/20/2010
The Ethics of Investigations, 10/5/2010
"Should Lawyers Fresh Out of Law School Start a Solo Practice?", 9/7/2010
"Engaging Clients Safely", 8/20/2010
"The Perils of Lateral Movement: Issues for Moving Lawyers, The Firms The Join, and The Firms They Leave Behind", 6/8/2010
"The Great Debates", 6/3/2010
"2010 Ethics in Civil Litigation, Parts 1 and 2", 6/1/2010
"Professional Ethics in Immigration: Ethics of Dual representation", 5/15/2010
"Annual Ethics Update, Parts I and II", 5/13/2010
"Conflicts of Interest Update 2010", 1/26/2010
"Accidental Clients", 1/18/2010
"Websites, Blogs, and More, Oh, My: The Risks for Law Firms", 12/21/2009
"Annual Review Seminar: Ethics", 12/15/2009
"When to Take Off the Robe: Judicial Ethics in Today's World", 10/9/2009
"Hot Topics in Legal Ethics 2009", 8/27/2009
"Risk Roundtable Webinar: Understanding and Responding to Recent ABA Changes to Rule 1.10 Screening Requirements", 6/18/2009
"From Model Rule to Court Rule? The Perils, Pitfalls, and Best Practices of Rulemaking for the Legal Profession", 5/28/2009
"Ethics for Criminal Attorneys Representing Non-U.S. Citizens", 5/16/2009
"Ethics for Criminal Attorneys Representing Non-U.S. Citizens", 5/16/2009
"Professional Ethics in Immigration Law", 5/16/2009
"What Lawyers Need to Know About Using the Tennessee Public Records Act", 5/2/2009
"Civility and the Law: Can a Good Lawyer Be a Good Person?", 4/24/2009
"Laterally Challenged: Working Your Way Through the Ethical Minefield ", 4/23/2009
"Ethics for Judicial Law Clerks", 3/20/2009
"Federal Rule of Evidence 502 and the New World of Privilege Waiver", 2/9/2009