Henderson 25856 rel.PDF (2003)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (011525-20030815.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
CHIEF DISCIPLINARY COUNSEL
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINARY COUNSEL BOARD OF PROFESSIONAL RESPONSIBILITY
BEVERLY P. SHARPE of the
CONSUMER COUNSEL/DIRECTOR
SUPREME COURT OF TENNESSEE
WILLIAM W. HUNT, III
1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
FAX: (615) 367- 2480 THERESA M. COSTONIS
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: MARK W. HENDERSON, BPR #11525
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
August 15, 2003
LEBANON ATTORNEY CENSURED
On July 31, 2003, the Board of Professional Responsibility publicly censured Mark
W. Henderson, of Lebanon, Tennessee. Henderson was given notice of the censure and
did not request a hearing.
A client retained Henderson to represent her regarding a personal injury accident.
The client complained that Henderson was not returning her telephone calls and on
November 22, 2002, the client wrote Henderson firing him and requesting that Henderson
return her file to her that day. Henderson has stated he did not receive the clientâs
November 22, 2002 letter until Monday, November 25, 2002. On November 22, 2002,
Henderson filed the clientâs complaint. On December 4, 2002, twelve days after the client
terminated Hendersonâs services, Henderson, without the clientâs or the clientâs new
counselâs knowledge or permission, entered into an agreement with counsel for the
defendant, agreeing that the defendant did not have to file a responsive pleading so
settlement negotiations could be discussed. Additionally, on December 3, 2002,
Henderson wrote his former client, who was then represented by new counsel, asking the
client to contact Henderson to discuss settling her case.
Hendersonâs actions violate Disciplinary Rules 1-102(A)(1)(4)(5) and (6); DR 2 -
110(A)(2); DR 2-110(B)(4) and DR 9-102(B)(4) of the Code of Professional Responsibility,
and for these violations the Board publicly censures Henderson. The censure declares
Hendersonâs action to be improper but does not limit Hendersonâs right to practice law.
SG:mw
Henderson 25856 rel.doc