henry-2771-2-sc-order.pdf (2018)
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04/30/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ARTHUR WAYNE HENRY, BPR #9484
An Attorney Licensed to Practice Law in Tennessee
(Loudon County)
_________________________
No. M2018-00764-SC-BAR-BP
BOPR No. 2017-2771-2-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Arthur
Wayne Henry on October 3, 2017; upon a Motion for Default Judgment and that Charges
in Petition Be Deemed Admitted filed on November 17, 2017; upon an Order for Default
Judgment entered on December 4, 2017; upon a hearing on December 21, 2017; upon the
Findings of Fact, Conclusions of Law and Judgment entered on December 27, 2017;
upon service of the Findings of Fact, Conclusions of Law and Judgment upon Mr. Henry
by the Executive Secretary of the Board on December 27, 2017; upon the Board of
Professional Responsibilityâs Application for Assessment of Costs filed on January 9,
2018; upon the Findings and Judgment for Assessment of Costs entered on January 26,
2018; upon service of the Findings and Judgment for Assessment of Costs upon Mr.
Henry by the Executive Secretary of the Board on January 29, 2018; upon the Motion to
Alter or Amend filed by the Board on February 12, 2018; upon the Amended Findings of
Fact, Conclusions of Law and Judgment entered on February 23, 2018; upon service of
the Amended Findings of Fact, Conclusions of Law and Judgment upon Mr. Henry by the
Executive Secretary of the Board on February 23, 2018; upon consideration and approval
by the Board on March 9, 2018; upon expiration of the appeal period with no appeal
taken; and upon the entire record in this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panelâs Judgment recommending suspension of one (1) year and one (1) day
as the Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Mr. Henry is suspended for one (1) year and one (1) day, pursuant to Tenn.
Sup. Ct. R. 9, § 12.2.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.8, and as a condition precedent to any
reinstatement, Mr. Henry shall (a) be evaluated by the Tennessee Lawyers Assistance
Program to determine whether he may be suffering from an impairment that could be
contributing to his lack of diligence and communication with the results of the evaluation
being provided to the Board; (b) complete six (6) hours of continuing legal education on
law practice management; and, (c) obtain sufficient professional liability insurance. If
Mr. Henry provides evidence satisfactory to the Board that he has been unable to obtain
sufficient professional liability insurance despite a good faith effort on his part, this
condition shall be excused.
(3) Prior to seeking reinstatement, Mr. Henry must meet all CLE requirements;
have remitted all outstanding registration fees and outstanding professional privilege
taxes, including those due from the date of this suspension until the date of reinstatement;
and have remitted all court costs and Board costs in this matter.
(4) Mr. Henry shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4(d), regarding the obligations and responsibilities of disbarred attorneys.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Henry shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$670.02 and shall pay to the Clerk of this Court the costs incurred herein, within ninety
(90) days of the entry of this Order, for all of which execution may issue if necessary.
(7) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM
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