Mr. Falk represents individuals accused of criminal charges in federal, state and municipal courts across Kansas. His practice covers the full spectrum of criminal defense, from misdemeanor DUIs to capital murder. A tenacious litigator with more than 40 years of experience, Mr. Falk joined Joseph, Hollander & Craft in 2018 as the firm expanded its criminal defense practice.
After graduation from the Washburn University School of Law, Mr. Falk was admitted to practice in all Kansas state and appellate courts, as well as before the United States District Court for the District of Kansas. He was admitted to practice before the Tenth Circuit Court of Appeals in 1990, and the United States Supreme Court in 1994.
Mr. Falk received his juris doctorate in 1978 from Washburn University School of Law. He also earned his bachelor’s degree in 1975 from Washburn University, with majors in political science and history.
Over the course of his professional career, Mr. Falk has handled seven capital murder cases, and more than 100 homicide cases at the State and Federal, District Court and Appellate Court levels.
In 1992, Mr. Falk led a class action lawsuit against the Kansas Department of Corrections challenging the Kansas Bureau of Investigations’ DNA data bank (Susan Diane Vanderlinden, et al. v. State of Kansas, et al., United States District Court Case No. 92-1044K.) The lawsuit was on behalf of all persons in the custody of the Secretary of Corrections who were, for the first time that year, forced to submit DNA samples to the KBI Lab. The case was ultimately heard before the 10th Circuit Court of Appeals, resulting in a Petition of Writ of Certiorari being filed with the United States Supreme Court. For his work on that case, he was awarded the Distinguished Service Award from the Kansas Association of Criminal Defense Attorneys (KACDL).
In 2011, Mr. Falk was honored with the President’s Award from KACDL for his work as a member of the KACDL “Strike Force,” a committee that aids criminal defense attorneys who have been threatened or sanctioned because of their zealous representation of clients. Mr. Falk served on the committee for more than 10 years, and served as chair of the Strike Force for five years. During this time, Mr. Falk lawyers charged with being “overzealous” in their representation of clients in criminal cases. He successful represented one of the Carr brothers’ lawyers after the District Attorney’s Office filed contempt of court charges against the attorney. He also successfully represented an attorney at both the District Court level and before the Kansas Supreme Court, in State v.Gonzalez, 290 Kan. 747, 234 P.3d 1 (2010), where he represented an attorney charged with Contempt of Court, for refusing to testify against a former client. This case changed the procedures required by prosecutors before issuing a subpoena to a criminal defense lawyer and found that the defense attorney correctly refused to testify because doing so would have violated the attorney-client privilege.
Mr. Falk has served as a Municipal Court Judge for the City of Cheney, Kansas, and as Municipal Court Judge Pro Tem for the cities of Wichita and Eastborough, Kansas. He also serves on the National Organization for reform of Marijuana Law’s Legal Committee (NORML).
Mr. Falk is active in numerous legal organizations at the state and national levels. He is member of the Wichita Bar Association where he served three terms as chair of the Criminal Law Committee and currently chairs the Lawyer Referral Committee. For his service to the bench and bar, he was honored with the Wichita Bar Association’s President’s Award in 1997. He is also a Fellow of the Kansas Bar Association and serves as a member of the KBA’s Criminal Law Section. A Past President of the Kansas Association of Criminal Defense Lawyers, Mr. Falk is also a past member of KACDL’s Board of Governors and recipient of its President’s Award and Distinguished Service Award. Mr. Falk serves on the Legal Committee for the National Organization for the Reform of Marijuana Laws (NORML) and is a founding member of the National Association of DUI Defense Attorneys.
Ratings and Recognitions
Mr. Falk has earned the distinguished “AV” Pre-eminent rating from Martindale-Hubble Law Directory for more than 20 consecutive years, and has received Martindale-Hubble’s Client Champion Gold Award each year since 2006. He maintains an AVVO ranking of 10 out of 10 for Criminal Defense and DUI Defense, and has been ranked by Missouri & Kansas Super Lawyers® in the areas of Criminal Defense: General Practice and Criminal Defense: DUI/DWI every year since 2008. He is also listed in U.S. News & World Reports’ “Best Lawyers in America®” beginning in 2010 and continuing through their 2019 edition.