Summary
The Wisconsin Supreme Court reviewed disciplinary proceedings against attorney Alan D. Eisenberg. The court upheld the referee's finding that Eisenberg engaged in misconduct by filing and pursuing a civil action for harassment or malicious injury, revoked his Wisconsin law license, and assessed the proceeding's costs against him. The court also considered Eisenberg's extensive prior disciplinary history.
Holdings
- The referee's findings of fact were supported by clear, satisfactory, and convincing evidence and were not clearly erroneous; the court adopted them.
- Eisenberg violated SCR 20:3.1(a)(3) by filing and pursuing the civil suit when he knew or it was obvious that the action would serve merely to harass or maliciously injure M.D.
- Eisenberg could not collaterally attack in the disciplinary proceeding the prior determination that sanctions were properly imposed for initiating and maintaining the civil action to harass M.D.
- Revocation of Eisenberg's Wisconsin law license was necessary because the aggravated misconduct and extensive disciplinary history required a sanction sufficient to protect the public, deter misconduct, and impress upon him the seriousness of his conduct.
- Count Two, alleging that Eisenberg knowingly advanced an unwarranted claim or defense under SCR 20:3.1(a)(1), was not proved and was dismissed.
Questions Presented
- Whether clear, satisfactory, and convincing evidence established that Eisenberg violated SCR 20:3.1(a)(3) by filing and pursuing a civil action when he knew or it was obvious that the action would merely harass or maliciously injure M.D.
- Whether the referee's findings of fact were clearly erroneous.
- Whether revocation of Eisenberg's law license was the appropriate sanction in light of the misconduct and his extensive prior disciplinary history.
- Whether Count Two, alleging a violation of SCR 20:3.1(a)(1), was proved.
Disposition
other
Cases Cited (10)
- State v. Eisenberg, 48 Wis. 2d 364, 180 N.W.2d 529 (1970)(applied)
- In re Disciplinary Proceedings Against Eisenberg, 144 Wis. 2d 284, 423 N.W.2d 867 (1988)(cited)
- In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, 269 Wis. 2d 43, 675 N.W.2d 747(applied)
- In re Disciplinary Proceedings Against Eisenberg, 2007 WI 7, 298 Wis. 2d 578, 726 N.W.2d 634(cited)
- Eisenberg v. Deutsch, 289 Wis. 2d 218, 709 N.W.2d 111 (Wis. Ct. App. 2005)(cited)
- Jandrt v. Jerome Foods, Inc., 227 Wis. 2d 531, 597 N.W.2d 744 (1999)(cited)
- In re Disciplinary Proceedings Against Lauer, 108 Wis. 2d 746, 324 N.W.2d 432 (1982)(applied)
- In re Disciplinary Proceedings Against Widule, 2003 WI 34, 261 Wis. 2d 45, 660 N.W.2d 686(cited)
- In re Disciplinary Proceedings Against Caldwell, 171 Wis. 2d 393, 491 N.W.2d 482 (1992)(distinguished)
- In re Disciplinary Proceedings Against Converse, 2006 WI 4, 287 Wis. 2d 72, 707 N.W.2d 530(applied)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…