henderson-33147c.pdf (2010)
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LW AR Y DIS TRI CT 1 0 3 3
IN DISCIP
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY ~ Mmâ ' ââ¬3.50. SEC"!
OF THE.
SUIâRBME COURT OF TENNBS SEE
INREQ WHEMJERSON,BPRNO 1.1.5.23 FILEN033 1430.4âch
Respondent, an attorney licensed
to practise law in Tennessee
(Wilson County)
PUBLIC CENSURE
The above oompiatot tees ï¬led against Mark W. Henderson, an attorney licensed to
practice law in Tennessee, elieging certain acts of misconduct. Pursuant to Someone Court Rule
9, the Board of Profesaional Reeponeibility emitters-d these matters at its meeting on March 11,,
2010. .
Respondent reoeived at $3,000.00 retainer fee to represent Comtnlaiiiant in a divorce
action. Cornï¬lainont become dissatisï¬ed with Respondentâs representation and Respondent
subseqo'cmï¬y executed an agreement which stated that if Compiainant was not satisï¬ed, with the
deposition Respondent takes of Compiainaetâs wife, Respondent would xeï¬md $2,000.00 of the
$3,000.00 retainer fee and wimdraw from the ease. Shortly after Respondent participated in the
Wdepositim,CmplaiuaotosentRespondeotweewexmetlwoemWemetmï¬toepoeoootrefond .W
$2,000.00 of hie attorhey fee. Respondent :fâeilec! to rofunct any fees and instead withdrew from
representation on February 23, 2010. Duritng the disoiplâmary investigation, Respondent agoeect
to mediate the fee dispute before a oeutral meoiator. The mediator made several attempts to
6011mm, Respondent , and schedule it time for ï¬1e mediating}, .0 butâ Reepondeot failed.â to
communicate with the mediator. The mediator referred the matter back to Disoipiinaty Counsel
and attempts were made to contact Respondem, but he has failed {0 respond. Respondenjt has
primipnblio discipline of a similar natu1n._ -
By the aforementluned new, Mark W. Henderson, has nioiatsrl Rulns of Professional
Conduct. 4.4 (using means that hnva no substantial 131111303: other-113311 to delay a third person),
'8'.'1'(}5)'"'(fétilnr6 td'mébbnti'to a déï¬imd for il1formaï¬on by Dissiplinaï¬r Coimsél), and 8.4m)
(violnï¬on of Rules of Professional Cendnct) sand (6) (mgaging in oomciuct prejudicial to
administration ofjustioa) and is heraby Publicly Conamed for this violation.
FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY
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