Beruflich Dokumente
Kultur Dokumente
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
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
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
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.
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
4. In or around the first quarter of2004, Eric Estes ("Estes") hired Respondent to represent him
5. On or about March 4,2004, Respondent was present for an arraignment hearing where Estes
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
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
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
12. In or around the beginning of February, 2004, Chandra D. Jackson ("Jackson") and her
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.
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
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
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:
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
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.
8. Respondent shall pay reasonable and necessary attorneys' fees ac; ordered in this
Judgment.
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
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 Page 5
order, certified check, or cashier's check. Respondent shall pay all attorneys' fees and costs
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
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;
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
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,"
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
All relief not expressly granted in this Agreed Judgment of Fully Probated Suspension is
DENIED.
"t"'-\.
SIGNED this 'l.\ day of ~,2006.
EVIDENTIARY PANEL
DISTRICT 4E GRIEVANCE COMMITTEE
STATE BAR OF TEXAS
KEVIN OtGORMAN
Chairperson
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.
STATE OF TEXAS §
§
COUNTY OF HARRIS §
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 ~(1))day of j~'NlJ~ .2006.
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Agreed Judgwrent ofFIiJJy P,oboled SlUperuionlHOI204 I92JS; James A. Nolen Page 9