Opinion
S286272
09-25-2024
EILENBERG ON DISCIPLINE
Recommended discipline imposed
The court orders that BENJAMIN A. EILENBERG (Respondent), State Bar Number 261288, is suspended from the practice of law in California for three years, execution of that period of suspension is stayed, and Respondent is placed on probation for three years subject to the following conditions:
1. Respondent is suspended from the practice of law for a minimum of the first two years of probation (with credit given for the period of inactive enrollment which commenced on June 4, 2021 and terminated on June 5, 2023 (Bus. & Prof. Code, § 6233)), and Respondent will remain suspended until the following requirement is satisfied:
i. Respondent provides proof to the State Bar Court of rehabilitation, fitness to practice, and present learning and ability in the general law. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. Respondent must also comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Decision filed on June 27, 2024.
3. At the expiration of the period of probation, if Respondent has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
Respondent must provide to the State Bar's Office of Probation proof of taking and passing the Multistate Professional Responsibility Examination as recommended by the Hearing Department in its Decision filed on June 27, 2024. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
Respondent must comply with California Rules of Court, rule 9.20, and perform the acts specified in (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the date this order is filed. (Athearn v. State Bar (1982) 32 Cal.3d 38, 45 [the operative date for identification of clients being represented in pending matters and others to be notified is the filing date of this order].) Failure to do so may result in disbarment or suspension. Respondent must also maintain the records of compliance as required by the conditions of probation.
Respondent must pay monetary sanctions to the State Bar of California Client Security Fund in the amount of $9,750 in accordance with Business and Professions Code section 6086.13 and rule 5.137 of the Rules of Procedure of the State Bar. Monetary sanctions are enforceable as a money judgment and may be collected by the State Bar through any means permitted by law.
Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment, and may be collected by the State Bar through any means permitted by law.