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From July of 1997 until June of 2000, Mr. X
was an associate attorney in the law firm of
Eisenberg, Weigel, Carlson, Blau, Reitz &
Clemens, S.C. Mr. X ceased practicing law
in June of 2000 and on June 5, 2001, his
license to practice law in Wisconsin was
suspended for non-compliance with CLE
requirements. His license to practice law
remains suspended.
Until its breakup in early 2005, Attorney
Alvin H. Eisenberg practiced with Eisenberg,
Weigel, Carlson, Blau, Reitz & Clemens,
S.C. Following the breakup, Eisenberg
formed the law firm of Eisenberg & Riley,
S.C.
In October of 2005, Eisenberg hired Mr. X to
work at Eisenberg & Riley, S.C. Mr. X
worked at the firm until March of 2006. He
again worked at the firm in late July of
2006 and early August of 2006.
In the course of a deposition in another
matter, Mr. X was asked if he had performed
the work of an attorney while he was
employed at Eisenberg & Riley, S.C., Mr. X
responded, “I believe I did.” Mr. X went on
to testify that he consulted with potential
clients, advised clients with respect to
their personal injury matters. Mr. X
further testified that he signed retainer
letters and letters to insurance
companies “Attorney at Law.”
Mr. X further testified that, while employed
at Eisenberg & Riley, S.C. he signed
documents using a name other than his own.
Mr. X testified that he worked for Eisenberg
& Riley, S.C., using the assumed name, in
late July 2006 and early August 2006. The
assumed name under which Mr. X worked was
that of a contemporary and long-time friend
of Eisenberg’s. He is a photographer and
who occasionally did work for the firm.
Documents produced during the investigation
of this matter revealed that on at least two
occasions, Mr. X sent letters on Eisenberg &
Riley, S.C. firm letterhead notifying the
addressees that the firm been retained to
represent clients. Mr. X signed his name to
the letters and under his name was
typed “[Mr. X], Attorney At Law.”
In a May 10, 2008 response to this matter,
Eisenberg stated that, in March of 2006, he
discovered Mr. X’s license to practice law
was suspended, causing Eisenberg to
terminate Mr. X and tell him he could not
return until his license was reinstated.
Eisenberg further stated that, “[Mr. X] has
not returned to this date.”
This matter was referred to a district
committee for investigation. Eisenberg
denied to committee investigators that Mr. X
had returned to work at the firm after being
terminated in March of 2006 and denied that
Mr. X used an assumed name. Eisenberg could
give no explanation for letters that were
produced that had been signed using the
assumed name, and he denied authorizing or
having knowledge of anyone in the firm using
that name.
In response to the committee report
Eisenberg stated that, after reviewing
records, he found that Mr. X worked for the
firm for six days in July and August 2006.
Eisenberg admitted that the firm’s
receptionist “keeps a detailed daily record
of the employees’ attendance as employees
come and go from the office.” Eisenberg
should have consulted these records before
responding negatively to previous questions
about whether Mr. X returned to work at the
firm after he was terminated in March 2006.
SCR 20:5.3(b), states, “With respect
to a nonlawyer employed or retained by or
associated with a lawyer: a partner, and a
lawyer who individually or together with
other lawyers possesses comparable
managerial authority in a law firm shall
make reasonable efforts to ensure that the
firm has in effect measures giving
reasonable assurance that the person's
conduct is compatible with the professional
obligations of the lawyer.”
SCR 20:8.4(f) states, “It is
professional misconduct for a lawyer to
violate a statute, supreme court rule,
supreme court order or supreme court
decision regulating the conduct of lawyers.”
SCR 22.03(6) states, “In the course of the
investigation, the respondent's wilful
failure to provide relevant information, to
answer questions fully, or to furnish
documents and the respondent's
misrepresentation in a disclosure are
misconduct, regardless of the merits of the
matters asserted in the grievance.”
SCR 22.26(2) states, “An attorney whose
license to practice law is suspended or
revoked or who is suspended from the
practice of law may not engage in this state
in the practice of law or in any law work
activity customarily done by law students,
law clerks, or other paralegal personnel,
except that the attorney may engage in law
related work in this state for a commercial
employer itself not engaged in the practice
of law.”
SCR 22.27(2) states, “An attorney may not
authorize or knowingly permit an attorney
whose license is suspended or revoked to do
any of the following: (a) Interview clients
or witnesses, except that in the course of
employment by a commercial employer, the
attorney may interview witnesses and
participate in the investigation of claims.
(b) Prepare cases for trial. (c) Do any
legal research or other law work activity in
a law office. (d) Write briefs or trial
memoranda. (e) Perform any law related
services for a member of the Wisconsin bar,
either on a salary or a percentage or a fee-
splitting basis, except that an attorney may
share attorney fees on a quantum meruit
basis only for services performed prior to
suspension or revocation.”
SCR 22.27(3) states, “An attorney may not
permit an attorney whose license is
suspended or revoked or who is suspended
from the practice of law to engage in any
activity prohibited by SCR 22.26.”
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