In re Disciplinary Proceedings Against Alan D. Eisenberg, 269 Wis. 2d 43

675 N.W.2d 747 (2004) · Supreme Court of Wisconsin · March 2, 2004 · No. No. 02-0386-D

Summary

The Wisconsin Supreme Court reviews disciplinary findings against attorney Alan D. Eisenberg involving misconduct in several client, tribunal, and business-transaction matters. The court adopts the referee's findings and conclusions but imposes a one-year suspension rather than license revocation, effective April 6, 2004, along with a refund and payment of proceeding costs.

Holdings

  1. A referee's findings of fact are affirmed unless clearly erroneous, while the referee's conclusions of law are reviewed de novo; credibility determinations intertwined with factual findings are reviewed deferentially.
  2. The referee's findings and conclusions establishing violations of the Wisconsin Rules of Professional Conduct and the attorney's oath were supported by the record and were adopted by the court.
  3. A one-year suspension of Eisenberg's Wisconsin law license, rather than revocation or a public reprimand, was appropriate under the circumstances.

Questions Presented

  1. Whether the referee's findings of fact were clearly erroneous.
  2. Whether the referee's conclusions that Eisenberg violated the Wisconsin Rules of Professional Conduct and attorney's oath were legally correct.
  3. Whether revocation, a one-year suspension, or a lesser sanction was appropriate in light of the misconduct and Eisenberg's disciplinary history.

Disposition

other

Cases Cited (10)

  • State v. Eisenberg, 48 Wis. 2d 364, 180 N.W.2d 529 (1970)(followed)
  • In re Disciplinary Proceedings Against Eisenberg, 144 Wis. 2d 284, 423 N.W.2d 867 (1988)(followed)
  • In re Disciplinary Proceedings Against Kalal, 2002 WI 45, 252 Wis. 2d 261, 643 N.W.2d 466(followed)
  • In re Disciplinary Proceedings Against Charlton, 174 Wis. 2d 844, 498 N.W.2d 380 (1993)(followed)
  • In re Disciplinary Proceedings Against Beaver, 181 Wis. 2d 12, 510 N.W.2d 129 (1994)(followed)
  • State v. Heilprin, 59 Wis. 2d 312, 207 N.W.2d 878 (1973)(followed)
  • In re Disciplinary Proceedings Against Heilprin, 168 Wis. 2d 1, 482 N.W.2d 908 (1992)(followed)
  • In re Disciplinary Proceedings Against Grapsas, 230 Wis. 2d 751, 602 N.W.2d 526 (1999)(considered)
  • In re Disciplinary Proceedings Against Jones, 160 Wis. 2d 564, 466 N.W.2d 890 (1991)(considered)
  • In re Disciplinary Proceedings Against Fennig, 227 Wis. 2d 379, 595 N.W.2d 710 (1999)(followed)

Cited In (0)

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