Eisenberg 24978 rel.PDF (2002)

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BOARD OF PROFESSIONAL RESPONSIBILITY
Of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINAR Y COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367- 2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL

RELEASE OF INFORMATION
RE: Gary M. Eisenberg, BPR 15417
Contact: Sandy Garrett
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

November 5, 2002

CLARKSVILLE LAWYER PUBLICLY CENSURED

On October 22, 2002, Gary M. Eisenberg, of Clarksville, Tennessee, received a
Public Censure from the Board of Professional Responsibility. Eisenberg was given
notice of the censure and did not request a hearing.

A client retained Eisenberg in May 1999 regarding the repossession of her Jeep.
The client paid Eisenberg his requested $300.00 retainer on June 3, 1999. The client’s
Jeep was repossessed three days later on June 6, 1999. Eisenberg misrepresented to
the Board of Professional Responsibility, when respondent received this complaint, that
his client had paid his retainer on June 15, 2002, when in fact the client had paid the
retainer on June 3, 1999 as reflected by Eisenberg’s receipt to the client. Eisenberg
neglected the client’s case, failed to communicate with the client and made misleading
statements regarding the client’s case to the Board and the client in violation of DR 1-
102(A)(1)(5) and (6); DR 6-101(A)(3) and DR 7-101(A)(1) and (4) of the Code of
Professional Responsibility. For these actions, the Board of Professional Responsibility
publicly censures Eisenberg. This censure declares Eisenberg’s actions to be improper
ethical misconduct, but does not limit his right to practice law.

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