2007AP2771-D OLR v. Goldstein

Listen to this article

Professional Responsibility
Suspension

Where attorney Harvey J. Goldstein misappropriated his clients' funds, a two-year suspension is appropriate.

"Each case must turn on its individual facts. Balancing the circumstances presented, we conclude the recommended one-year license suspension minimizes the seriousness of Attorney Goldstein's misconduct. The gravity of Attorney Goldstein's violations, the repetitive nature of his misconduct, and his pattern of deception are aggravating factors. His misconduct is no less serious in the light of accolades of his colleagues. Despite the gravity of his misconduct, however, we conclude revocation is not warranted here. Weighing heavily in Attorney Goldstein's favor is his lack of prior discipline. Also, Attorney Goldstein's acknowledgement of his wrongdoing by entering no contest pleas to the majority of the counts is a significant mitigating factor. While repayment of the funds does not eliminate his culpability, it shows concern for his clients' well-being, also mitigating his misconduct. In consideration of these competing factors, we conclude a two-year license suspension will protect the public and achieve the goal of deterrence."

2007AP2771-D OLR v. Goldstein

Per Curiam.

Attorneys: For Complainant: Scott, Julie M., Madison; For Respondent: Kohler, Martin E., Milwaukee; Powell, Craig S., Milwaukee

Full Text