False, Anonymous Web Attacks on Fellow Members of the Harris County Bar; Unethical and Pathetic
By Houston Criminal Defense Lawyer John Floyd
This is a difficult and unfortunate article to post. It is about a fellow attorney: Andy Nolen, or someone associated with the law firm that carries his name. This Houston “criminal defense attorney,” as he calls himself, has been responsible for posting negative “comments” on the Yahoo Local websites about various Harris County criminal defense attorneys, including myself.
Nolen attempts to disguise these assaults on the professional character of fellow lawyers by using fictitious names. But, after a simple investigation, it is obviously apparent that Nolen’s firm has entered into a concerted campaign to slander others lawyers to promote his own website. Unfortunately, this appears to be a strategy not uncommon to Nolen.
Andy Nolen resides in a downtown high rise, where, according to property records, he owns two condo units. Residents say he has been a source of continuous discontent with the Home Owners Association in that building. The HOA has been forced to fine Nolen (after numerous warnings) for repeated violations of home owner rules.
This past May, Nolen created a website registered under his name with a P.O. address in Sunnyvale, California to fight the HOA. This site is highly critical of the building and the HOA. Nolen’s website has posted a series of racially charged and inflammatory anonymous “comments” obviously designed to provoke racial discord within the building. Nolen has also apparently refused to post other comments favorable to the building and/or the HOA. Given Mr. Nolen’s proclivity to post false comments anonymously on Yahoo, I can only guess how many of the comments on his HOA protest site are simply his own, designed for some self-serving goal.
Mr. Nolen obviously enjoys using fictitious names, or anonymous comments, to denigrate his fellow criminal defense attorneys and to attack his neighbors and the workers in his condominium building. Nolen probably engages in this highly unprofessional behavior motivated by the unquenchable desire for success. He probably believes that by posting vicious character attacks against other attorneys, under fictitious names, he will drive traffic to his law firm’s website, which he most certainly has. But at what professional cost?
And what will potential clients find at the Nolen law firm website? Not much. It is amateurish, and relies upon misleading, deceptive and self serving information to pump-up his previously unknown reputation and doubtful skills as a criminal defense attorney. For example, Nolen touts that his law firm has “handled thousands of criminal charges” and lists a several dozen examples of cases supposedly “dismissed by the State.” This figure alone signifies nothing, as many cases are dismissed by the state, sometimes without any effort by the defense attorney, because they have no merit or because the defendant has pled guilty to other charges.
I now find that Mr. Nolen has a Public Disciplinary History from the State Bar of Texas. On January 27, 2006, a grievance was filed against Nolen and, after the process was investigated, heard and considered, he was disciplined with a two year suspension, fully probated. The suspension was imposed by the Bar for the following reasons:
Neglected a legal matter of a client
Failed to carry out obligation to a client
Failed to keep client informed
Failed to explain matter fully to client
Charged and collected illegal fee
Failure to respond to Chief Disciplinary Office investigating complaint
I can only imagine what he did to receive this fine honor.
This leads to the inescapable conclusion that Andy Nolen is a “criminal defense attorney wannabe.” He lacks either the resources or ability to establish his own professional worth in the Harris County criminal defense community, so he tries to maliciously tear down those who have worked hard, and sacrificed much, to earn their respected professional reputations.
Mr. Nolen has disparaged me, he has attacked our former Harris County Criminal Defense Lawyers Association President, Mark Bennett and Jack Carroll, Don Becker, Tyler Flood, Wayne Hill, Dane and Leslie Johnson, Dan Gerson, Jeff Purvis, Mekisha Murray, David Breston, Paul Kennedy, Cynthia Henley and many others, many of whom are my good friends and some of the finest lawyers in town. This strategy is idiotic, as most of us can “fend” for ourselves and have the ability to do so. This continued track will lead to ruin, as many clients will not trust a “lawyer” like this, one driven by profit rather than professionalism. One who has been abandoned by his brothers and sisters. One who must be trusted to handle a criminal case for a friend or loved one, cases which are often the most important and potentially devastating events in a person’s life.
By engaging in this kind of “despicable” behavior, Nolen has violated a fundamental ethical responsibility that requires every attorney must maintain the highest standards of professional conduct. This ethical responsibility exists not only when an attorney is dealing with his/her client or the general public but also in his relationship with others members of the bar. 1/ Because of an attorney’s “special position in society,” and because even “minor wrongdoing” can lessen public confidence in the “legal profession,” a criminal defense attorney in this state bears a professional obligation to refrain from “any conduct that creates the impression of dishonesty, fraud or deceit.” 2/
Andy Nolen has not fulfilled this obligation. While we could continue this discussion for pages about this attorney’s irresponsible behavior and other potential violations of his ethical responsibilities, we have made our point. Andy Nolen is a minor league player ethically incapable, in my opinion, of handling even simple misdemeanors on the criminal defense ball field. He lacks the character and intuitive skill necessary to play in the major league. He should cease his idiotic rants on the Internet and leave fellow members of the bar alone. He should at least be capable of that in the professional world. He is not capable of much more in the professional world.
We all make mistakes.
I have never cast stones against another criminal defense lawyer before, and hope I will never do so again, but, as professionals, we must defend our names and our Bar. I hope this example serves as a lesson to those who would use the ever increasing power of the internet to harm the good reputation of others. It will not stand!
SOURCES:
1/ Bray v. Squires, 702 S.W.2d 266 (Tex.App.-Houston [1st Dist.] 1985).
2/ Id., at 270.
AUTHORS NOTE
We did not list the website Nolen created about the building in which he lives because it would be unfair to other residents in the building to give Nolen’s rants any additional air time, and possibility effect their property values. However, we did verify he owns the website, owns the property and viewed many anonymous comments which seemed illustrative of his modus operandi.
I would also like to thank my good friend Mark Bennett who alerted me of the sabotage set within our ranks. Mark and I decided long ago that, although we may compete for clients, we are not competitors, but fellow colleagues who together fight against the government. I know our friendship has improved my practice.
Mark has more on this topic here: http://bennettandbennett.com/blog/2009/08/andy-nolen-todays-last-chapter.html
By Houston Criminal Defense Lawyer John Floyd
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Thanks for the blog & the defense. We have not met personally I do not believe, but I know you by a very good reputation. I appreciate your defense, as I have also defended you.
Just wanted to let you know that I am also a former HCCLA president (2003-2004) and very proud to be a part of that strong organization. With many members, we represent all types of criminal lawyers who handle all kinds of cases. Sadly for him, Andy Nolen is not part of our group – his choice originally but now, I don’t know that he could get a sponsor. We are a cohesive group despite that we are competitors (just as you & I.) That does not change that we will fight for each other if called upon.
Andy Nolen’s brazen BS is embarassing to all lawyers, as it pulls us all down in the dregs that society sadly sees us too often because of tactics such as his. I appreciate the efforts you, Mark Bennett, Paul Kennedy, Murray Newman & others have made to make the public aware – WE ARE NOT ALL LIKE THAT. We ask the community to please separate their view of the self-promoting liars from those of us who truly care about our clients.
I know, John, that you – like I – believe strongly that the Constitutional rights of our clients be protected – even if it means teeing it up for a knock down, kick butt fight in trial. I won’t hesitate; you won’t hesitate; the previously mentioned defenders won’t hesitate; where does Andy Nolen stand (or fall)? My guess is flat on his face.
With respect & appreciation.
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I want to mention that website about 2016 Main that Andy Nolan has put up. I have posted comments on it and not Mr. Nolan. I do not wish to put my name up there or my name over here. My e-mail address is correct. Now I am not defending Mr. Nolan as far as his legal practice is concerned. The record speaks for itself, however he has posted most of my comments. Not all, the ones he did not post were the most vicious. I questioned the management company and the relationship with the law firm that represents the building. Mr. Tollet and Mr. Bookstaff are both jewish and I asked the question “Do they go to the same synagogue?” Mr. Nolan did not post that comment. If anything the most inflamed comments are not posted. However all of my comment are true. His website has been take down, I suspect the association has placed a restraining order against him. They are the problem not him.
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Comment by Criminal Defense — December 31, 2009 @ 4:01 pm
I am happy to see you defend yourself in such a professional way! We need more ethical attorneys in Harris County since this area has a bad wrap. Many attorneys in Harris County are ‘clickish’ and are part of the ‘white line’ circle(mainly the Public Defenders and Amicus). GO GET HIM AND BRING THE HONOR BACK TO HARRIS COUNTY!!! GREAT BLOG!!!
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Regarding Andy Nolen:
Please Google “2016 Main corruption” to see how Andy is is trying to degrade us as owners and our nice building!
These websites and posts are pure nonsense and do not reflect the nice people of the 2016 Main building. I contacted him personally via e-mail and am awaiting his response.
He was not a desirable resident by far and had some kind of negative confrontation with management and our HOA. He has been relentlessly trying to get vengeance at our homeowners’ expense.
If you could offer any advise, it would be gratefully appreciated.
Thanks,
Eva M. Stevens
Comment by Eva Stevans — March 10, 2011 @ 11:53 pm
We are renovating our building and don’t need Andy’s nonsense and insane websites! I like this building and don’t plan to leave anytime soon. I will not allow his irritating internet attacks any longer. If he has a problem with management; take it to court! Don’t take it out on his fellow former neighbors! I know Andy somewhat and and am EXTREMELY disappointed over this recent issue!
Please be advised, this latest rant is only a month old! ,
Comment by Eva Stevens — March 11, 2011 @ 12:29 am
I recently visited the Gerry Spence Blog, and observed that a person was posting under a name. ( P S)…, full name not noted(here but see the Spence WWW site on the MASTER
I googled, and a Dallas Attorney, popped up that met the name being used, of the poster, and I put up his degrading remarks of Gerry Spence on the Spence Blog as an email back to him.( P S)
I just noted the word, interesting, He emailed me back that he never wrote what was attributed to him.
I commented on the topic before. And, the person who started the notion that Spence Trial College was a cult to exploit people to worship Spence. I tried to respond to the issues in a respectful manner, Yet, the blog-HEAD(in New York) who controls the blog started calling me names, a psychopath, on his BLOG, and limited any response, and made the supposition I was a devotee, and grad of the Spence Trial College. I was not, he knew nothing about me, he merely used he blog as a ruse and a canard to toot his own horn, some BLOG RUSES.
I have attended many CLE courses, no bad marks from the Bar
Spence says he helps person to be better trial lawyers by being better human beings, attacking College Law schools.
Norm Pattis seems to use Senator Grassley to attack Spence’s Trail College, questioning assorted finances.
Well, how many other CLE programs were attacked by Norm….? That angle, and using Grassley, and his Senate Finance Committee ploys ??
I do not write here to defend Spence, his ego or the notion he has never lost a case, or his attacks on Law schools
The record does not support that, as Spence runs a red herring, i wrote on that in Wyoming papers, opeds etc.
What is most curious is how Norm Pattis used Senator Grassley to attack Spence in something like 20 or more BLOG pieces, and(THE NORM PATTIS BLOG Specials)
Well, that is some new fad to tie his name to Spence for marketing purposes.
I don’t use a blog for marketing, like some, and like Norm Pattis et al.
The white collar Texas Criminal Defense Bar is not a club I belong to, or the Harris County Country Club.
Charlie Sheen is big on “winning”, he now has a U-TUBE upload to grab attention.
Comment by Jim — March 14, 2011 @ 7:24 pm
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