Clovis, CA 93619
11 January 2012 | Disbarred (13 years, 4 months ago) Disbarment 09-O-19433 |
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9 September 2011 | Not eligible to practice law in CA (13 years, 8 months ago) Discipline w/actual suspension 05-O-02161 |
25 July 2011 | Not eligible to practice law in CA (13 years, 9 months ago) Ordered inactive 09-O-19433 |
22 December 2010 | Disciplinary charges filed in State Bar Court 09-O-19433 (14 years, 4 months ago) |
13 October 2010 | Active (14 years, 7 months ago) |
17 October 2009 | Not eligible to practice law in CA (15 years, 7 months ago) Ordered inactive 05-O-02161 |
8 February 2008 | Active (17 years, 3 months ago) |
7 February 2008 | Not eligible to practice law in CA (17 years, 3 months ago) |
19 October 2003 | Active (21 years, 7 months ago) |
20 August 2003 | Not eligible to practice law in CA (21 years, 9 months ago) Discipline w/actual suspension 00-O-15281 |
31 July 2002 | Disciplinary charges filed in State Bar Court 00-O-15281 (22 years, 9 months ago) |
3 July 1995 | Admitted to the State Bar of California (29 years, 10 months ago) |
January 11, 2012 JUAN MANUEL FALCON, 44, of Fresno was disbarred Jan. 11, 2012, and ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Falcon failed to obey court orders and committed acts of moral turpitude.Falcon was admitted to the Alternative Discipline Program for attorneys with mental health or substance abuse problems after he stipulated to misconduct. He was placed on inactive status and among other things was ordered to comply with rule 9.20. He submitted his compliance declaration late and it contained misstatements - he falsely stated he had notified clients, opposing counsel and other interested parties that he was ineligible to practice.In a second matter, he failed to appear at two hearings after failing to serve the defendant. The case was dismissed.In mitigation, Falcon offered testimony about his good character and sobriety since 2008. The court noted, however, that the misconduct occurred more than a year and a half after he became sober.He had been disciplined twice previously. In 2003, he was suspended and placed on probation for failures to perform with competence, communicate with clients, refund unearned fees and account for client funds. He also was suspended in 2010 for six counts of misconduct in two client matters, including making misrepresentations constituting moral turpitude, failing to maintain client funds in trust, and misappropriating $5,000 from a client trust account.In recommending his disbarment, State Bar Court Judge Lucy Armendariz wrote, “Despite the evidence in mitigation, including respondent’s commitment to his sobriety and good participation in the Lawyer’s Assistance Program, the serious nature of the misconduct, as well as the aggravation found by the court, do not warrant a lesser discipline than disbarment.â€August 20, 2003 JUAN FALCON [#177400], 37, of Fresno was suspended for one year, stayed, placed on three years of probation with an actual 60-day suspension and was ordered to take the MPRE. The order took effect Aug. 20, 2003. Falcon stipulated to eight counts of misconduct in several different cases involving the same clients. He did not complete the incorporation of one of their companies, he failed to refund their fee when they changed their mind about incorporating another company, he took no action to set aside defaults in two civil actions filed against the clients, and in a third civil action, he did not substitute into the case in order to file a timely answer. Throughout the course of his representation, Falcon did not tell his clients about his inaction. He also did not account for fees. In the case in which he did not substitute in on time, a default was entered against Falcon's clients in the amount of $143,315. In another matter in which the clients' default was entered, the judge eventually set aside the default, finding that Falcon's clients "have made an adequate showing of extrinsic mistake, based on complete abandonment of their interests by their prior counsel [Falcon]." In mitigation, Falcon signed a declaration admitting his culpability for the default and his clients were partially successful in getting the default set aside. |