Lawyer Andy Nolen Grievance Judgment

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BEFORE THE EVIDENTIARY PANEL OF STATE BAR DISTRICT NO. 4E10 GRIEVANCE COMMITTEE COMMISSION FOR LAWYER DISCIPLINE,

§ § 80120419235 (ERIC ESTES)

,

§ H0120419342 [CHANDRA JACKSON I § § § HARRIS COUNTY, TEXAS §

Petitioner, v.

§ § §

JAMES A. NOLEN,

Respondent.

AGREED JUDGMENT OF FULLY PROBATED SUSPENSION On the

"L\-4aay of ~ , 2006, came to be heard the above-entitled and

numbered disciplinary proceeding. Petitioner, the COMMISSION FOR LAWYER DISCIPLINE, by and through its attorney ofrecord, Shemeika S. Landry, Assistant Disciplinary Counsel, Office of the Chief Disciplinary Counsel, STATE BAR

OF

TEXAS, and Respondent, JAMES A. NOLEN

(hereinafter referred to as "Respondent"), Texas Bar Number 00784687, Pro se, announced to the Evidentiary Panel that the parties agree and stipulate that judgment should be entered in this case as set forth in this Agreed Judgment of Fully Probated Suspension. The Evidentiary Panel, after considering the pleadings on file in this disciplinary proceeding, is ofthe opinion that the agreement ofthe parties is just and equitable, and that final judgment should be entered in accordance thereof and as set forth herein. Respondent is an attorney licensed to practice law in Texas and is a member of the STATE BAR OF TEXAS. Respondent's principal place of practice is Harris County, Texas. Therefore, this Evidentiary Panel has jurisdiction over the parties and subject matter of this case, and venue is appropriale in Harris County. Texas.

"l1N.'ed Judgmrnl ofJ.ilily Prnba/l!d SUSJ'I."'.>'IonA 10120419235; James A. Nolen

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The Evidentiary Panel finds and concludes, as stipulated by the parties, that Respondent has committed professional misconduct as defined by Rule 1.06V ofthe TEXAS RULES OF DISCIPLINARY PROCEDURE and should be suspended from the pmctice oflaw. Respondent consents to the rendition and entry of this Agreed Judgment ofFully Probated Suspen.<;ion.

I. FINDINGS OF FACT The Evidentiary Panel, having considered all ofthe evidence submitted, enters the following agreed findings of fact in support of this Agreed Judgment ofFully Probated Suspension: L

Respondent is an attorney licensed to practice law in Texas and is a member of the STATE BAR OF TEXAS.

2.

Respondent's principal place ofpmctice is Houston, Harris County, Texas.

3.

The Chief Disciplinary Counsel of the STATE BAR

OF

TEXAS has incurred reasonable

attorneys' fees and direct expenses associated with the proceedings of this matter, which should be paid by Respondent. 4.

In or around the first quarter of2004, Eric Estes ("Estes") hired Respondent to represent him on criminal forgery charges.

5.

On or about March 4,2004, Respondent was present for an arraignment hearing where Estes paid Respondent $500.00 for Respondent's legal services.

6.

On or about April 16, 2004, another hearing was held regarding Estes' forgery charges. The presiding Judge inquired about the location ofthe Respondent, which Estes responded that he was unaware of Respondent's location.

Agreed Judgment ofFully Probated Sllspi'lfsloll!1iO 120419235; James A. Nolen

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7.

Subsequent to the April 16,2004 hearing, Respondent failed to attend hearings on or around May 15,2004, on or around June 11,2004, on or around July 16,2004, on or around August 30, 2004, on or around October 4, 2004 and the trial on or around October II, 2004.

8.

Estes attempted to contact Respondent numerous times between April and October, 2004 but was unable to reach Respondent.

9.

On or about October 10,2004, Estes contacted Respondent by telephone but Respondent hung up the telephone as soon as Respondent was able to identify the caller as Estes.

)O.

On or about November 24.2004, Estes filed a grievance with the State Bar ofTexas' Office of the Chief Disciplinary Counsel and on or about January 21, 2005, Respondent was in receipt ofthe notice of the grievance and had thirty days to file a written response.

11.

Respondent has failed to timely file a written response and has not asserted any grounds for his failure to respond to the notice of grievance.

12.

In or around the beginning of February, 2004, Chandra D. Jackson ("Jackson") and her family hired Respondent to represent her on criminal charges.

13.

On or around February 10, 2004, Jackson met with the Respondent in court and the Respondent forced Jackson to sign for a 13-month plea bargain on the her criminal charges.

14.

Thereafter, Jackson and her family made several attempts to communicate with the Respondent but the he failed to reasonably communicate with Jackson or her family.

15.

Some time on or after July 14, 2004, Respondent was ordered by thecriminaJ court judge in Jackson's criminal case to file an affidavit with the Criminal Post-trial section but he failed to do so.

Agreed Judgment ofFully P'olKlflld S..,pension!HOI2041923S; James A. Nolen

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16.

On or about December 15,2004, Jackson filed a grievance with the State Bar of Texas' Office of Chief Disciplinary Counsel and on or about May 24, 2005, Respondent was in receipt of the notice of the grievance and had thirty days to file a written response.

17.

Respondent has failed to timely file a written response and has not asserted any grounds for his failure to respond to the notice of grievance.

II. CONCLUSIONS OF LAW It is agreed that the foregoing findings of fact support a violation of Rule 1.01(b)(1);

1.01(b)(2); 1.02(a)(I); 1.03(a); 1.03(b); 8.01(b); and 8.04(8)(8) ofthe TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT. Article X, Section 9, STATE BAR RULES.

III. SANCTION IT IS AGREED AND THEREFORE ORDERED in accordance with the factors set forth in Rule 2.18 of the TEXAS RULES OF DISCIPLINARY PROCEDURE that the proper discipline of Respondent for each act of professional misconduct as found in this case is suspension from the practice oflaw for a period oftwo (2) years, with the suspension being fully probated, beginning on February 1. 2006, and ending on January 31, 2008, subject to all of the following terms and conditions: 1. Respondent shall not engage in professional misconduct as defined by Rule 1.06V of the TEXAS RULES OF DISCIPLINARY PROCEDURE. 2. Respondent shall not violate any state or federal criminal statutes, except that misdemeanor traffic offenses shall not be grounds for revocation ofRespondent's probation. 3. Respondent shall at all times keep the STATE BAR OF TEXAS membership department notified as to his current mailing, residence, and business addresses Agned Judgmml oj Fully P,obo~d SUJpmsionMOI204192)5: Jamc:s A. Nolen

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and telephone numbers, and he shall advise the STATE BAR OF TEXAS of any of these changes within ten (10) days of the change. 4. Respondent shall comply with Minimum Continuing Legal Education (MeLE) requirements in accordance with Article XII of the STATE BAR RULES.

S. Respondent shall comply with Interest on Lawyers Trust AccoWlt (IOLTA) requirements in accordance with Article XI of the STATE BAR RULES. 6. Respondent shall respond to any request for information forwarded to him by the Office of the Chief Disciplinary COWlsel of the STATE BAR OF TEXAS in connection with an investigation of any allegations of professional misconduct promptly in accordance with the TEXAS RULES OF DISCIPLINARY PROCEDURE unless Respondent claims the privilege against self-incrimination. 7. Respondent shall pay restitution as ordered in this Judgment. 8. Respondent shall pay reasonable and necessary attorneys' fees ac; ordered in this

Judgment. 9. Respondent shall pay costs and expenses as ordered in this Judgment. IT IS AGREED AND THEREFORE ORDERED that Respondent shall pay restitution to Eric: Estes in the amount of Five Hundred Dollars ($500.00). All restitution payments shall be made by money order, certified check, or cashier's check; made payable to ERIC ESTES; and delivered to tbe STATE BAR OF TEXAS, Office oftbe Chief Disciplinary Counsel, 600 Jefferson, Suite 1000, Houston, Texas 77002, for forwarding to Complainant. Respondent sbaD pay all restitution contemporaneously witb tbe signing of this Judgment. IT IS AGREED AND THEREFORE ORDERED that Respondent pay reasonable and necessary attorneys' fees and costs in the amount of Two Tbousand One Hundred Seven and 65/100 Dollars (S2,107.65). AD payments are to be remitted to the STATE BAR OF TEXAS, Office of the Chief DiscipUnary Counsel, 600 Jefferson, Suite 1000, Houston, Texas 77002, by money

Agrt!ed Judgmenl ofFully Probated SuspcmioN1iOI 204 I92JS; James A. NolCfl

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order, certified check, or cashier's check. Respondent shall pay all attorneys' fees and costs contemporaneously with the signing of this Judgment. IT IS AGREED AND THEREFORE ORDERED that upon detennination by the BOARD

OF DISCIPLINARY ApPEALS that Respondent has violated any tenn or condition of probation, the BOARD OF DISCIPLINARY ApPEALS shall enter an order revoking the probation and imposing the active suspension of Respondent from the practice oflaw for a period oftwo (2) years commencing on or after the date of revocation upon the following conditions: 1. The Chief Disciplinary Counsel of the STATE BAR OF TEXAS may apply to the BOARD OF DISCIPLINARY ApPEALS for revocation by filing a written Motion to Revoke Probation; 2. A copy of the Motion to Revoke Probation and a Notice of Hearing shall be delivered to Respondent pursuant to Rule 2.23 of the TEXAS RULES OF DISCIPLINARY PROCEDURE at Respondent's last known address on the membership rolls of the STATE BAR OF TEXAS; and 3. The BOARD OF DISCIPLINARY ApPEALS shall expeditiously hear the Motion 10 Revoke Probation within thirty (30) days of service upon Respondent, shall detennine whether Respondent has violated any of the tenns or conditions of probation and whether the acts constituting the violation occurred during the period of probation by a preponderance of the evidence.

IT IS AGREED AND THEREFORE ORDERED that any period of active suspension imposed on Respondent by the BOARD OF DISCIPLINARY ApPEALS as a result of revocation of his probation shall be in addition to any and all other action taken against Respondent as a consequence ofhis professional misconduct or criminal acts occurring during the period ofprobation which serve as the basis for the revocation of probation.

IT IS AGREED AND THEREFORE ORDERED that during any period of active suspension imposed on Respondent by the BOARD OF DISCIPLINARY ApPEALS as a result of

"[('Wd Judglllent of Full}' Probated SWJl"!siOlll1iOI204I923S; James A. Nolen

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revocation of his probation, Respondent shall be enjoined from practicing law in Texas, holding himself out as an attorney, performing any legal services for others, accepting any fee directly or indirectly for legal services, appearing as counselor in any representative capacity in any proceeding in any Texas court or before any Texas administrative body, or holding himselfout to others or using his name in any matter in conjunction with the words "attorney," "counselor," "counselor at law," or "lawyer."

IT IS FURTHER ORDERED that this suspension is to be made a matter ofpublic record and shall be appropriately recorded in accordance with the TEXAS RULES OF DISCIPLINARY PROCEDURE. By the signatures of Respondent and all counsel of record, it is shown that this Agreed

Judgment ofFully Probated Suspension is agreed to by the parties pursuant to Rule 11 ofthe TEXAS RULES OF CIVIL PROCEDURE, both as to form and substance.

All relief not expressly granted in this Agreed Judgment of Fully Probated Suspension is DENIED. SIGNED this 'l.\

"t"'-\.

day of

~,2006. EVIDENTIARY PANEL DISTRICT 4E GRIEVANCE COMMITTEE STATE BAR OF TEXAS

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KEVIN OtGORMAN Chairperson

Agl'Wd Judgment of Fully ProbalEd SuspmsiDllMOI204I92JS; James A. Nolen

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AGREED AS TO BOTH FORM AND SUBSTANCE:

AGREED AS TO BOTH FORM AND SUBSTANCE:

STATE BAR OF TEXAS Office ofthe Chief Dlsclpl/nllry COllnsel

S EMElKA S. LANDRY Assistant Disciplinary Counsel State Bar No. 24005076 600 Jefferson, Suite 1000 Houston, Texas 77002 Phone: (713) 758-8200 Fax: (713) 758-8292

SA. NOLEN E Sta Bar No. 00784687 2010 Shadow Bend Houston, Texas 77043 Phone: (713) 697-4373

ATTORNEYS FOR PETITIONER, COMMISSION FOR LAWYER DISCIPLINE

"greed.Judgment ofFully Probal¥d Suspm.siollltlOJ204I92JS; James A. Nolen

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BEFORE THE EVIDENTIARY PANEL OF STATE BAR DISTRICT NO. 4EI0 GRIEVANCE COMMITTEE COMMISSION FOR LAWYER DISCIPLINE, Petitioner, v. JAMES A. NOLEN,

Respondent.

§ § 80120419235 [ERIC ESTES) § 80120419342 (CHANDRA JACKSON) § § § HARRIS COUNTY, TEXAS § § § §

CONSENT TO JUDGMENT

In connection with the charges ofprofessional misconduct filed against me, I hereby consent to entry of the Agreed Judgment ofFully Probated Suspension in the fonn submitted to me.

SIGNED this).t"

~ay of '1r't'tIJ tJ II'¥?J

STATE OF TEXAS COUNTY OF HARRIS

.2006.

§ § §

BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared JAMES A. NOLEN, known to me to be the person whose name is subscribed to the foregoing instnunent, and being by me first duly sworn, acknowledged to me that the same was executed for the purposes and considerations therein expressed, and the Agreed Judgment 0/ Fully Probated Suspension is true in every respect. GIVEN UNDER my hand and seal of office this

_ _ _M

~lf.F

~(1))day of j~'NlJ~ .2006.

J--No~i2~as

~

Agreed Judgwrent ofFIiJJy P,oboled SlUperuionlHOI204 I92JS; James A. Nolen

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