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SUPREME COURT OF LOUISIANA NO. 98-B-0761 IN RE: MITCHELL W. HERZOG

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM* This attorney disciplinary proceeding arises from a

complaint filed with the Office of Disciplinary Counsel ("ODC") by Lee Schlesinger, of former Chief Executive Corp. Officer and majority against

stockholder

the

Westminster

("Westminster"),

respondent, Mitchell Herzog, a New Orleans attorney, alleging respondent represented adverse clients, giving rise to an

impermissible conflict of interest. The record indicates that respondent, a former member of the law firm of Shusan, Meyer, and McPherson, had represented Westminster, a commercial real estate corporation, for several years. In 1990, when the corporation was experiencing financial

troubles, respondent "strongly suggested" that Westminster merge with Sizeler Corp., another real estate development corporation owned by Sidney Lassen. Unbeknownst to Schlesinger, respondent had After the

represented Lassen and some of his many companies.

merger, Schlesinger was removed as CEO of Westminster and lost control of his company. Schlesinger subsequently filed a legal malpractice suit against respondent, alleging respondent represented the two adverse interests in the multi-million dollar merger deal, resulting in an obvious conflict of interest. After a jury trial, Schlesinger was This judgment was later affirmed

awarded $5.5 million in damages. on appeal.

Schlesinger v. Herzog, 95-1127, 95-1128 (La. App. 4th

Cir. 4/3/96), 672 So. 2d 701. In October of 1997, both respondent and the ODC filed a joint petition for interim suspension in this court. On October

*

Kimball, J. not on panel.

Supreme Court Rule IV, Part 2,

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