Nile "Nick" Falk Incompetent Lawyer Nick Falk Rocky Mount North Carolina

An open letter to the NC Bar:

I retained Mr. Falk to defend me against false charges that were brought against me resulting from my sons dog biting a neighbor. The neighbor tried to strangle the dog in anger resulting in the dog biting her. I was about twenty feet away from the dog when this happened and my son was about two feet away from the dog. As soon as she lunged for the dog, I ran and touched the dog and he stopped biting her, my son then leashed him and walked him home after the neighbor told us to.

The fee arrangement is attached. Even though the fee arrangement says fees must be paid in 90 days, Mr. Falk wanted payment immediately.

Mr. Falk did not do what was expected of him. He made lots of promises to me that he never kept. He constantly lied to me and was very argumentive to both my wife and I. It was like he didnt know what he was doing and had other things on his mind. If he couldnt defend me like he was supposed to he should have referred me elsewhere. Our first meeting he gave me some background concerning the Rocky Mount police department which included: The Rocky Mount police have been very quick to rush to judgment on cases and they are very sloppy in their work. He told us about a case that he was working on where a teacher had been accused of molesting girls. One of the girls confessed that she made the story up and the Rocky Mount Police were still pursuing his client.

He called Rocky Mount police, Captain Sears, and yelled and screamed at him on the phone that I should never have been arrested. He said he has known him for over twenty years. I thought that was very unusual since friends dont yell at each other normally.

He was very emphatic that my case would not go to trial and the charges be dismissed. He changed the hearing date to present the case in front of a judge that likes dogs. He said the judge and his wife were friends which will help. He was wrong.

Mr. Falk stressed he was a Christian and we should pray for ourselves. Being a Christian has nothing to do with our case and it does not matter what religion we are. I found this to be very troubling.

He told us he would recommend a good lawyer to sue Ms. Lopez for Libel since she lied
about what had occurred. She said I said she got what she deserved which was not true. I was charged with assault with a deadly weapon and to this day I do not know how these charges were brought against me. The dog was loose by accident on my sons part and she provoked the whole thing. I was just helping my son. I am disabled and I am partially paralyzed in my hands along with chronic pain and numbness in my hands and arms.

He told us if worse came to worse he would have any charge expunged from my record. This was not true.

He and the police never took my sons point of view of what happened. His story matched mine and there were no other witnesses.

He said they would not destroy the dog and he would be returned in 10 days. It was a very friendly Labrador Retriever which is not a dangerous breed. We found out months later that the dog was put down. Nobody ever told us. The hearing was cancelled and never rescheduled.

The day of the probable cause hearing he wanted the rest of the money even though I had 90 days to pay the rest. He was only interested in making a buck instead of seeking justice for his client. He said he believed me as I was telling the truth. If that is the case, you defend your client as vigorously as you can. He was never focused on this case at all.

At the probable cause hearing he pleaded no contest for me. I told him throughout this that I am not guilty and there would be no plea bargains. I wanted to go to trial to prove my innocence and sue Ms. Lopez for Libel. After that plea I could not. The charge was brought down to assault inflicting serious injury. I dont know how that was arrived at. The judge gave me 60 days in jail (suspended), a years probation, anger management classes (I have no temper), and restitution of 3072.00 for initial medical bills plus court costs. I think this was all excessive since I did nothing wrong. He told me he would get the medical bills for me. He did not. I tried for 3 months to no avail. I called and wrote several agencies and never got them.

After the judge dismissed me, I was given some paperwork admitting guilt to sign. At first I refused and said I was guilty of nothing. Mr. Falk said I have to sign it or else. I considered that as a threat to me. I signed it under duress. He also told me a no contest plea means nothing as she will be punished by her god when she dies. Religion does not need to enter this at all.

After the proceedings he would not talk to me. I was very dissatisfied and had to call the NC Bar to try and get him to send me some information that was in my file. After getting a call from the NC Bar he called my house. My wife answered the phone and he became extremely abusive to her. It upset her immensely and she will not speak to him either. He is so out of control. An attorney should never act like this and should be perceived as a calming force. He argued with us constantly. I feel he should not be practicing law in this state or any other state.

He has never returned our file as I need it.

I have satisfied all that was required of me to put this incident behind me as it is now in the civil courts. My incident should have been strictly a civil case and not a criminal case. I have found out from the insurance adjuster that Ms. Lopez and her friends have been documenting a character assassination against me. I did not know Ms. Lopez or her friends prior to this incident and they do not know me. If this was done prior to the criminal proceedings they withheld evidence from me. I was unaware of this. These people have no right to become wealthy at my expense or my insurance companys expense.

I also was not read my Miranda Rights at any time during this. Does this warrant a violation of civil rights? Mr. Falk did not explain anything to me regarding this whole episode. No taxpaying citizen, including myself, deserves this. I am requesting a refund of all money paid to Mr. Falk.

Tom
Rocky Mount, North Carolina
U.S.A.