nohsey-33398-8634717321312666723.pdf (2011)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE. SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: HENRY ALLEN NOHSEY, BPR #8756
CONTACT: JAMES A. VICK
BOARD OF PROFESSIONAL RESPONSIBILITY
6156614500
March 4, 2011
UNION CITY LAWYER CENSURED
On March 3, 2011, Henry Allen Nohsey, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Nohsey represented an Executrix of an estate. On September 30, 2009, the Executrix loaned Mr.
Noshey $50,000 from estate funds, evidenced by a demand note signed by him. Mr. Nohsey did not advise the
Executrix of the opportunity to seek independent legal advice regarding the loan. Mr. Nohsey repaid the loan in
full on July 28, 2010. On August 2, 2010, the Chancellor summoned the Executrix to appear before the court
with bank records. By order dated August 4, 2010, the Chancellor removed the Executrix from her
responsibilities and Mr. Noshey as the estateâs attorney. 011 September 17, 2010, Mr. Noshey entered into an
agreed order to refund $54,000 in attorney fees paid to him over the course of the representation which had not
been approved by the court. Mr. Noshey has paid the $54,000.
By his actions, Henry Allen Nohsey, has violated Rule of Professional Conduct 1.8(a) (conï¬ict of
interest, prohibited transactions). For this violation, the Board of Professional Responsibility publicly censures
Henry Allen Nohsey. A public censure is a rebuke and warning to the attorney, but it does not affect the
attorneyâs ability to practice law.
Nohsey 33398~8 rel.doc
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IN R13: Henry Nohney, #8756 File No. 33398-8qu
Respondent, an attorney licensed
to praoâoâoe law in Texmeesee
(Obion County}
PUBLIC CENSURE
The above compiainât was ï¬led against Henry Noiseoy, an aï¬omey licensed to practice
law in Tmmesseo. alieging certain nets of misconduct Pursuant to Supreme Court Rule 9, the
Board of Profeesiona} Responnibility considered these matters at its meeting on December 10,
2010. '
The Respondent represented an Executrix of an estate. On September 30, 2009, the
Exeonnix lowed the Respondent $50,000.00 from esinte funds, evidenced by a demand note
signed by the Respondent. The Respondent did not advise the Enema-ix of the opportunity to
seek independent legal advice regarding the icon The Respondent repaid foe loan in full on Jnly
28, 2010. On August 2, 2010, the Chancellor summoned the Exeonn'ix to appear before the court
with bank records. By ordex dated August 4, 2010, the Chancellor. removed the Bxeeutrix and
Respondent no the estateâo attorney. On Sepiember >17, 20H), {he Respondent entered into an
agreed order to reï¬md $54,000.00 in attorney fees paid to Respondent over the course of the
representation which had not been appmved by the court. The Respondent has paid the
$54,000.00.
By the aforementioned facts, Homây Nohsey violated Rules of Professional Conduct RFC
1.8[a} (conï¬ict of interest, prohibited ï¬mmacï¬ons) and is hereby Publicly Censureéf for thesé
violations.
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