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TBA Law Blog

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Davidson County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Mar 2, 2018
News Type: BPR Actions
By order of the Tennessee Supreme Court entered March 2, the law license of Davidson County lawyer Nathaniel H. Koenig was transferred to disability inactive status pursuant to Section 27.4 of Tennessee Supreme Court Rule 9. Koenig cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Knox County Lawyer Reinstated

Posted by: Katharine Heriges on Feb 28, 2018
News Type: BPR Actions
Knox County attorney Brennan Patrick Lenihan has been reinstated to the practice of law by order of the Tennessee Supreme Court entered Feb. 27. Lenihan is ordered to pay the board’s costs in this matter. Lenihan was temporarily suspended from the practice of law by the Supreme Court on Jan. 30 for failing to respond to the Board regarding a complaint of misconduct. On Jan. 31, Lenihan filed a petition for dissolution of temporary suspension, and on Feb. 16, a board panel entered a recommendation that the temporary suspension be dissolved.

Davidson County Lawyer Reinstated

Posted by: Katharine Heriges on Feb 26, 2018
News Type: BPR Actions
On Feb. 23, the Supreme Court of Tennessee reinstated Paul Julius Walwyn to the practice of law. Walwyn had been suspended by the Supreme Court of Tennessee on Aug. 4, 2017, for a period of six months. Walwyn filed a Petition for Reinstatement to the practice of law, and the board found that the petition was satisfactory and submitted an Order of Reinstatement to the Court.  

Sullivan County Lawyer Disbarred

Posted by: Katharine Heriges on Feb 26, 2018
News Type: BPR Actions
On Feb. 23, the Supreme Court of Tennessee disbarred Sullivan County attorney Don W. Cooper from the practice of law, retroactive to August 18, 2017, for misappropriating funds while serving as personal representative of an estate. Cooper is required to pay restitution to the estate in the amount of $57,000. The Tennessee Supreme Court suspended Cooper on August 18, 2017 based upon his entry of Alford/Best Interest pleas to ten counts of theft. The Board of Professional Responsibility instituted a formal proceeding to determine the extent of final discipline to be imposed.  

Davidson County Lawyer Remains on Disability Inactive Status

Posted by: Katharine Heriges on Feb 21, 2018
News Type: BPR Actions
On Nov. 17, 2017, the law license of Nashville attorney David Dwayne Harris was transferred to disability inactive status for an indefinite period. The court referred the matter to a hearing panel for a formal hearing to determine Harris’s capacity to continue to practice law and to respond to or defend against disciplinary complaints. On Feb. 21, the court entered an Order finding that Harris should remain on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed.

Davidson County Lawyer Disbarred

Posted by: Katharine Heriges on Feb 19, 2018
News Type: BPR Actions
Sean K. Hornbeck of Nashville was disbarred from the practice of law by the Tennessee Supreme Court on Friday. Hornbeck convinced an investor to entrust him with between $5,000,000 and $5,500,000 on the basis that he would hold the money in his trust account, it would never be at risk and the investor would reap substantial dividends. Instead, Hornbeck released most of the money to unknown third parties and/or misappropriated it to his own use. In an effort to conceal his actions, Hornbeck submitted falsified bank records and false testimony in Chancery Court. He also failed to diligently represent two clients and failed to adequately communicate with them. While Hornbeck was temporarily suspended, he also engaged in the unauthorized practice of law while in the employ of an attorney, and engaged in a scheme to misappropriate funds from a client of that attorney.

Former Davidson County Lawyer Disbarred

Posted by: Katharine Heriges on Feb 19, 2018
News Type: BPR Actions
Robin K. Barry, formerly of Nashville and now of Richmond, Texas, was disbarred from the practice of law by the Tennessee Supreme Court on Friday. Barry received $100,000 of client funds pending the resolution of her client’s lawsuit. A hearing panel found that she knowingly converted over $14,000 of those funds while they were being held in her trust account. In addition, she commingled her personal funds in the trust account in order to replace the funds she converted. While the case was pending, Barry moved to Texas and began practicing law there but failed to tell her client that she had moved. She avoided her client’s efforts to communicate with her, and misled her in an effort to conceal the fact that the balance of the funds that should have remained after the conclusion of the lawsuit was missing from her trust account.

Davidson County Lawyer Disbarred

Posted by: Katharine Heriges on Feb 16, 2018
News Type: BPR Actions
Davidson County lawyer Michael John McNulty was disbarred from the practice of law on Thursday. He must make restitution to two clients as a condition of reinstatement, and pay the board’s costs and expenses. McNulty signed two clients’ names to settlement checks without their permission, misappropriated the settlement funds and made misrepresentations to the clients that the checks had not been received. In several matters, McNulty did not represent clients diligently, did not communicate with them and did not respond to the board’s requests for information.

Davidson County Lawyer Reinstated

Posted by: Katharine Heriges on Feb 12, 2018
News Type: BPR Actions
The Supreme Court on Thursday reinstated Davidson County attorney George Avery Mott to the practice of law. Mott had been suspended on Dec. 27, 2017, for one year, with 30 days to be served as an active suspension and the remaining time on probation. Mott now begins his probationary period.

Knox County Lawyer Suspended

Posted by: Katharine Heriges on Jan 31, 2018
News Type: BPR Actions
On Jan. 30, the Supreme Court of Tennessee temporarily suspended Knox County lawyer Brennan Patrick Lenihan upon finding that he failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law in cases of an attorney’s failure to respond to the board regarding a complaint of misconduct. Lenihan is immediately precluded from accepting any new cases, and he must cease representing existing clients by March 1.
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