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John Croom Falkenberry suspension

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Birmingham attorney John Croom Falkenberry was suspended from the practice of law in the State of Alabama for a period of 18 months effective December 1, 2006 by order of the Alabama Supreme Court. The supreme court entered its order based upon the decision of Disciplinary Commission of the Alabama State Bar. In ASB No. 05-38(A), formal charges were filed against Falkenberry on April 26, 2006, alleging that he retained an individual to provide forensic computer services concerning a client matter. Thereafter, that individual hired a subcontractor to perform the computer forensic work. Falkenberry failed to pay the individual’s invoice and did not respond to his requests for payment. Falkenberry failed to respond to written requests for information regarding the matter during the course of the bar’s investigation. During the course of the investigation, the Office of General Counsel spoke by phone with Falkenberry. Falkenberry advised that he had paid the invoice and would send a letter confirming payment. Falkenberry did not submit a letter despite numerous requests. Formal charges were filed in this matter and were personally served on Falkenberry on May 8, 2006. Falkenberry did not file an answer to the formal charges. Thereafter, on November 9, 2006, Falkenberry entered a conditional guilty plea. On November 15, 2006, the Disciplinary Commission entered an order accepting Falkenberry’s plea wherein he pled guilty to violating rules 8.1(b) and 8.4(a) and (g), Alabama Rules of Professional Conduct. In ASB No. 05-152(A), formal charges were filed against Falkenberry on April 26, 2006, alleging that Falkenberry was retained to represent a client in an action against her employer. Falkenberry communicated with the client over the next few months, but, thereafter, Falkenberry did not communicate with the client concerning the status of her case. Unbeknownst to the client, the case was dismissed due to Falkenberry’s failure to respond to motions filed in the case by opposing counsel. Falkenberry failed to respond to requests for information regarding the matter during the course of the bar’s investigation. Formal charges were filed in this matter and personally served on Falkenberry on May 8, 2006. Falkenberry did not file an answer to the formal charges. Thereafter, on November 9, 2006, Falkenberry entered a conditional guilty plea. On November 15, 2006, the Disciplinary Commission entered an order accepting Falkenberry’s plea wherein he pled guilty to violating rules 1.1, 1.3, 1.4(a) and (b), 8.1(b), and 8.4(a), (d) and (g), Alabama Rules of Professional Conduct. In ASB No. 06-96(A), formal charges were filed against Falkenberry on July 26, 2006, alleging that Falkenberry, who was suspended for 91 days on January 20, 2006, had been engaging in the practice of law while suspended. On September 19, 2006, Falkenberry filed an answer to the formal charges. Thereafter, on November 9, 2006, Falkenberry entered a conditional guilty plea. On November 15, 2006, the Disciplinary Commission entered an order accepting Falkenberry’s plea wherein he pled guilty to violating rules 5.5(a), 8.1(b) and 8.4(a), (b) and (d), Alabama Rules of Professional Conduct. [ASB nos. 05-38(A), 05- 152(A) and 06-96(A)]
The cited information was sourced from Electronic Document (email, file) published by The Alabama Lawyer in March 2007 <https://www.alabar.org/assets/uploads/2014/08/The_Alabama_Lawyer_03-2007.pdf> (Ref: p. 108) The author/originator was The Alabama Lawyer. This citation is considered to be direct and primary evidence used, or by dominance of the evidence.


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