henry-31799c-and-32605-2-public-censure.pdf (2010)
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BO HD 01"PHOFESSFIONAL ' ESPONSIBILITY
_
WU]: T OF TENNESSEE
-
IN DISCIPLINARY DISTRICT 11 W
__. -_ __-¢_b__â __.â.mrâm:
OF THE Executive Secretary
BOARD OF PROFESSIONAL RESPONSIBILITY .
OF THE
SUPREME COURT OF TENNESSEE
IN RE: ARTHUR HENRY, BPR NO. 9484- FILE NOS. 317990â2âPS and 326050-2-PS
Respondent, an attorney licensed
to practice law in Tennessee â
(Loudon County)
' PUBLIC CENSURE
The above complaint was ï¬led against Arthur Henry, an attorney licensed to. practice law
in Tennessee, alleging certain acts of misconduot. Pursuant to Supreme Court Rule 9, the Board
of Professional Responsibility considered these matters at its meeting on March 12, 2010.
The Respondent represented two separate Complainants who bought model homes and
subsequently disCOVered that the houses were built on a sinkhole. The Complainants wanted to
ï¬le suit against the developer of the subdivision. The ReSpOndent admits after he was informed
by an expert that the damages in the cases were minimal, he did not want to pursue the case.
After October of 2008, he seemed to communicate with the Complainant, despite the fact that
they sent him numerous emails and left him several telephone messages inquiring about the
status of their cases. In fact, the Respondent failed to inform the Complainants that he was
terminating the representation. Respondent never sent the Complainants copies of any reports or
other paperwork or a billing statement. Respondent also failed to comply withDisciplinary
Counselâs repeated requests for additional information.
By the aforementioned facts, Arthur Henry has violated Rules of Professional Conduct
1.3 (diligence), 1.4 (communication), 1.16 (declining and terminating representation), and 8.1(b)
'(failure to comply with disciplinary toquests) and is hereby Publicly Censored for these
violations.
BâbR THE OF
/rlâROFB /I¢N LREâSP'Oï¬SIBIL
/
TY