Attorneys weigh in on discipline case.

• Date: 12 February 2007
• Author: Pribek, Jane

Byline: Jane Pribek

It was an "interesting" case and "more colorful than most," said attorney Richard J. Cayo, reflecting upon his most recent representation of Eisenberg. Decisions of this length -- 29 pages -- are rare in attorney disciplinary matters, said Cayo, of Halling & Cayo S.C. in Milwaukee, who has concentrated in professional discipline and attorney malpractice cases for the bulk of his career. He added that disciplinary cases rarely result in dissenting opinions, much less 4-3 splits, as occurred in this case. And, while Cayo has served as counsel to attorneys facing disciplinary proceedings in several cases where the court did not adopt the findings of the referee, as happened in this case, in the majority of disciplinary cases, the referee's findings are approved. While the referee had expressed concerns that Eisenberg had not apologized for his conduct, Cayo agreed with the majority that an apology was not required under the rules or the suspension order. Moreover, they shouldn't be required: "The petitioner for reinstatement needs to show an understanding of the rules that...