nohsey-42557.pdf (2016)
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IN DISCIPLINARY DISTRICT VIII
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
IN RE: HENRY ALLEN NOHSEY, #8756 FILE NO. 425518438
Respondent, an attorney licensed
to practice law in Tennessee
(Obion County)
PUBLIC CENSURE
The above complaint was ï¬led against Henry Allen Nohsey, an attorney licensed to
practice law in Tennessee, alleging certain acts of misconduct. Pursuant to Tenn. Sup. Ct. R. 9,
the Board of Professional Responsibility considered these matters at its meeting on March 11,
2016.
Mr. Nohsey represented a client who owned real property as a tenant in common with a
relative. The client wanted to purchase the relativeâs interest in the property, but the relatiVe would
not sell to the client. The relative was not represented by counsel at anytime on this matter.
At the request of the client, Mr. Nohsey engaged in a strategy to convince the relative that .
Mr, Nonsey represented an unrelated third party who wanted to purchase the property from both
the client and the relative, which was false. Mr. Nohney wrote twe letters addressed to the relative
and to the client stating, that Mr. Nohsey represented a buyer who would purchase the property at
a particular price from both the relative and the client. The relative made ecounter-offet which
was accepted. Mr. Noheey prepared a, warranty deed for execution by the relative and her mother
who held at life estate. Mr. Nolisey told the relative that the warranty deed was for the agreed price
and would also be executed by the client. The relative and her mother signed the warranty deed.
In reality, Mr. Nohseyâs client assigned the relativeâs interest in the property, and then the
client sold the property to a third party for $26,000 more than the price to which Mr. Nohsey, on
behalf of his client, agreed with the relative. The warranty deed transferred the property from the
client, relative and her mother to the third party at the higher price, without the knowledge of the
relative and her mother. In response to two questions from the relative, Mr. Nohsey stated that a
third party would âWind upâ with the property; however, he did not inform the relative of the
assignment.
By the aforementioned actions, Mr. Nohsey engaged in violations of the Rules of
Professional Conduct, including Rule 4.3. (dealing with an unrepresented party) and Rule 8.4(0)
(conduct involving misrepresentation). Mr. Nohseyâs conduct resulted in harm to an
unrepresented patty and the public. Mr. Nohsey is hereby Publicly Censured for this violation.
FOR THE BOARD OF
PROFESSIONAL RESPQ ' SIBILITY
MR
ell/en
Miehael Kng,C
m inns/4
Date /