BOARD OF PROFESSIONAL RESPONSIBILITY (2018)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: SEAN K. HORNBECK, BPR #23197
CONTACT: WILLIAM C. MOODY
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
February 16, 2018
DAVIDSON COUNTY LAWYER DISBARRED
On February 16, 2018, Sean K. Hornbeck, of Nashville, Tennessee, was disbarred from the practice of
law by Judgment of the Tennessee Supreme Court effective February 26, 2018. Mr. Hornbeck must pay the
Boardâs costs and expenses and the court costs. In addition, he must make restitution to three clients.
Mr. Hornbeck convinced an investor to entrust him with between $5,000,000 and $5,500,000 on the
basis that Mr. Hornbeck would hold the money in his trust account, it would never be at risk and the investor
would reap substantial dividends. Instead, Mr. Hornbeck released most of the money to unknown third parties
and/or misappropriated it to his own use. In an effort to conceal his actions, Mr. Hornbeck submitted falsified
bank records and false testimony in Chancery Court. Mr. Hornbeck also failed to diligently represent two
clients and failed to adequately communicate with them. While Mr. Hornbeck was temporarily suspended, he
engaged in the unauthorized practice of law while in the employ of an attorney. He engaged in a scheme to
misappropriate funds from a client of that attorney. Mr. Hornbeckâs ethical misconduct violated Tennessee
Rules of Professional Conduct 1.3, Diligence; 1.4, Communication; 1.8(h), Conflict of Interest; 1.15(a),
Safekeeping Property and Funds; 1.16(d), Declining and Terminating Representation; 3.2, Expediting
Litigation; 5.5, Unauthorized Practice of Law; and 8.4(a), (b), (c), (d) and (g), Misconduct.
A hearing panel recommended Mr. Horneck be disbarred. He appealed to Chancery Court which
affirmed the Hearing Panel decision. Mr. Hornbeck appealed to the Supreme Court which affirmed the decision
of the Chancery Court. The Supreme Court found that the disbarment should be prospective and not be
imposed retroactively to the date of Mr. Hornbeckâs temporary suspension.
Mr. Hornbeck must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 18
(2006) and 30 (2014), regarding the obligations and responsibilities of disbarred attorneys.
Hornbeck 2265-5 rel.doc