Reinstatement hearing set for former Milwaukee personal-injury lawyer

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An ex-Milwaukee lawyer who spent time in jail after embezzling money from his law firm will be presenting evidence at an upcoming hearing that his license to practice law should be reinstated.

The Wisconsin Supreme Court revoked Brian Mularski’s license in 2010 over 13 counts of misconduct involving three client matters. The alleged misconduct included that Mularski had settled a personal-injury case for $45,000 without the client’s permission, forged a settlement check in a separate personal-injury case and lied to a client that a case had been settled for $125,000 when it in fact had been dismissed for Mularski’s failure to prosecute. At the time of the court’s decision, the Office of Lawyer Regulation was also investigating eight grievances filed against him.

Mularski petitioned the court for consensual revocation, saying he could not defend himself against the allegations of misconduct as well as the pending grievances.

All told, the OLR alleged he owed about $19,000 in restitution to five of his former clients.

The court, in addition to indefinitely banning Mularski from practice, ordered that as a condition of any future petition for reinstatement, Mularski would have to provide an accounting and show that he had made restitution to the people who were subject to the misconduct alleged by the OLR and in the grievances.

Mularski’s troubles did not end after he was banned from practicing in the state. He faced criminal charges in 2012 over allegations of felony theft for embezzling hundreds of thousands of dollars from his law firm, Eisbenberg, Riley and Zimmerman, over three years. Mularski pleaded guilty and was sentenced in 2013 to a year in jail and five years of probation. He was also ordered to pay nearly $400,000 in restitution, most of it to his firm. According to court records, he still owes most of that amount.

Mularski, who graduated from Marquette University Law School in 2000, petitioned the court for reinstatement in February. Since the court suspended his license, Mularksi has served on the Army National Guard as a combat medic, worked at a financial firm and worked for veteran-owned defense firms, according to his LinkedIn profile.

In order to be reinstated, Mularski must show by clear and convincing evidence that that he has the moral character to practice law in the state, that his resuming practice will not be detrimental to the administration of justice or the public interest and that he has followed the terms of his suspension.

Mularski will present that evidence at a hearing set for 9 a.m. Nov. 14 in the Offices of Brown and Jones, 757 N. Water St., Milwaukee. He is representing himself.

Any interested party may appear at the hearing and be heard speaking in support or in opposition of Mularski’s petition. Relevant information may be sent to Jonathan Hendrix, OLR assistant litigation counsel, who can be reached directly at (608) 266-8334. The OLR’s toll-free number is (877) 315-6941.

After the hearing, the referee in the case, Jonathan Goodman, will issue a recommendation as to whether Mularksi should be reinstated. The state Supreme Court will review Goodman’s findings and issue a final decision on the matter. Follow @erikastrebel