nohsey-33398.pdf (2010)
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30110103 "â3 Ni V 29
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MDISCDPLWARY DISTRICTVIU 0- We.» 3 L
BOARD 0:9 PROFESS THE RBSPONSIBMTY
OFIONAL .,._... . e.seem
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W" " " ââSUPREMEYCUURT'OF TENNESSEE W" " W â
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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