BOARD OF PROFESSIONAL RESPONSIBILITY (2011)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (henderson-1666-4-rel.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
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: MARK WESLEY HENDERSON, BPR# 11525
CONTACT: KRISANN HODGES
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 18, 2011
WILSON COUNTY LAWYER SUSPENDED
On January 12, 2011, Mark Wesley Henderson of Mount Juliet, Tennessee, was suspended from the
practice of law for six (6) months by the Tennessee Supreme Court and ordered to pay restitution to two (2)
former clients. The suspension shall begin on January 24, 2011. In order to be reinstated after the six (6) month
period has elapsed, Mr. Henderson must pay restitution and return the appellate file to the Clerk of the Supreme
Court.
On April 11, 2007, a Petition for Discipline was filed against Mr. Henderson containing two (2)
complaints of disciplinary misconduct. A hearing was held on September 25, 2008. A Hearing Panel
determined that Mr. Henderson failed to adequately communicate with both complainants about their cases. In
a complaint filed by a former client, Mr. Henderson charged a retainer of $10,000.00. When the client became
dissatisfied with Mr. Hendersonâs services and terminated the relationship, Mr. Henderson failed to refund
unearned fees or to provide a billing statement despite numerous requests by the client for the information. In
another complaint filed by a client, Mr. Henderson failed to honor his agreement to refund half of the legal fees
if the matter went uncontested. After the matter was resolved without contest from the opposing party, Mr.
Henderson did not refund the fee as promised.
Mr. Hendersonâs actions violate the following Rules of Professional Conduct: 1.2(a), Scope of
Representation; 1.4, Communication; 1.5, Fees; 1.16, Declining and Terminating Representation; and 8.4,
Misconduct.
Mr. Henderson must comply with Section 18 of Rule 9, Rules of the Supreme Court, regarding the
obligations and responsibilities of suspended attorneys. He must pay restitution and return the appellate record
to the Clerk of the Supreme Court as a condition of reinstatement.
Henderson 1666-4 rel.doc.
PLEASE NOTE
YOU MAY SUBSCRIBE TO RECEIVE INFORMATIONAL RELEASES, FORMAL ETHICS
OPINIONS, NEWSLETTERS AND ANNUAL REPORTS ELECTRONICALLY BY SIGNING IN AT
THE BOARDâS WEBSITE
www.tbpr.org/Subscriptions