Union City lawyer censured
Posted: Tuesday, March 8, 2011 9:03 pm
A Union City attorney has received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Henry “Allen” Nohsey, a longtime local attorney licensed to practice law in Tennessee, received the censure Thursday.
A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.
According to a board press release, Nohsey represented an executrix of an estate. On Sept. 30, 2009, the executrix loaned Nohsey $50,000 from estate funds, evidenced by a demand note signed by him. Nohsey did not advise the executrix of the opportunity to seek independent legal advice regarding the loan. Nohsey repaid the loan in full on July 28, 2010.
On Aug. 2, 2010, the chancellor in the case summoned the executrix to appear before the court with bank records. By order dated Aug. 4, the chancellor removed the executrix from her responsibilities and Nohsey as the estate’s attorney. On Sept. 17, 2010, Nohsey entered into an agreed order to refund $54,000 in attorney fees paid to him over the course of the representation which had not been approved by the court. Nohsey has paid the $54,000.
By his actions, according to the board, Nohsey has violated Rule of Professional Conduct 1.8(a) — conflict of interest, prohibited transactions. For this violation, the Board of Professional Responsibility has publicly censured him.
Outside his private law practice, Nohsey has served in an elected capacity for several years as Union City’s city judge and as a member of the Obion County Commission.
Published in The Messenger 3.8.11