Legal representation is generally the process of attorneys representing their clients in court (courtroom advocacy) and the process of attorneys representing their clients in transactional matters such as drafting, reviewing, and negotiating legal documents and relationships. You have the right to an attorney (right to counsel) under the Sixth Amendment to the United States Constitution—but only in criminal cases when your liberty or freedom is in jeopardy. In other words, you only have the right to counsel (such that the government must provide you with a defense attorney if you cannot afford to hire one) when you are charged with a crime for which you may receive jail or prison time. In civil litigation (as opposed to criminal litigation) you generally do not have the right to an attorney, and the government will not provide you with an attorney if you are not able to hire an attorney yourself. One exception to this rule is when a criminal prosecution arises in the context of a civil lawsuit—such as when the court is prosecuting a party or attorney for criminal contempt of court and the person charged with contempt faces jail time.

In Tennessee, as in all states, legal representation encompasses both courtroom advocacy in legal proceedings and transactional legal services such as drafting and negotiating contracts. Under the Sixth Amendment, individuals have the right to an attorney in criminal cases where their freedom is at stake, meaning the government must provide a defense attorney if the accused cannot afford one. This right to counsel ensures that no person will be deprived of their liberty without access to legal representation. However, in civil cases, there is no constitutional right to government-provided counsel. Individuals must secure their own legal representation or proceed without an attorney. An exception exists where criminal charges arise within a civil case, such as criminal contempt of court that could lead to imprisonment. In such instances, the individual charged may be entitled to an attorney even within the civil litigation context.