Henderson 1115 rel.PDF (2003)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367- 2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: MARK WESLEY HENDERSON, #11525
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
December 2, 2003
LEBANON ATTORNEY SUSPENDED
On November 26, 2003, the Supreme Court of Tennessee entered an Order denying Mark
Hendersonâs Petition to Rehear and granting Hendersonâs Motion to Stay Judgment suspending
Henderson from the practice of law for a period of six months.
On July 20, 1999, the Board of Professional Responsibility filed a petition for discipline
against Henderson. After a hearing on February 21, 2001, a hearing panel recommended
Henderson be suspended from the practice of law for a period of six months. Henderson filed a
petition for certiorari in the Chancery Court for Sumner County appealing the Hearing Panelâs
decision. On February 12, 2002, the Chancery Court granted the Board of Professional
Responsibilityâs motion to dismiss Hendersonâs petition for certiorari due to Hendersonâs failure
to file a complete transcript. Henderson filed a Motion to Alter or Amend the Judgment which
was denied by the Chancery Court on September 13, 2002. Henderson appealed to the
Supreme Court and on October 30, 2003, the Supreme Court entered a judgment affirming the
decision of the Chancery Court and suspending Henderson for six months from the practice of
law.
Henderson filed a Petition to Stay and Petition to Rehear. On November 26, 2003, the
Supreme Court entered an Order denying Hendersonâs Petition to Rehear. The Supreme Court
granted Hendersonâs Motion to Stay giving Henderson until December 31, 2003, to conclude
pending litigation and seek alternative employment during his suspension.
Henderson shall not use any indicia of lawyer, legal assistant or law clerk, nor maintain a
presence where the practice of law is conducted during his six- month suspension. Section 18 of
Tennessee Supreme Court Rule 9 requires Henderson to notify all clients that are being
represented in pending matters; all co-counsel and opposing counsel of the Supreme Courtâs
order suspending him. Section 18 of Rule 9, Rules of the Supreme Court also requires
Henderson to deliver to his clients all papers or property to which they are entitled.
SG:mw
Henderson 1115 rel.doc