Disbarred Lawyer Loses Free Speech Argument in Misconduct Ruling

Feb. 23, 2023, 4:39 PM UTC

A lawyer failed to convince Massachusetts’ top court that the rules of professional conduct violate his First Amendment Rights.

The Massachusetts Supreme Judicial Court Thursday agreed with a lower court’s decision to disbar the attorney. The court in an opinion rejected his argument that the rules amount to content-based restrictions on free speech.

Erwin Rosenberg was permanently disbarred from his legal practice in Florida by the state’s Supreme Court in 2017. He was also a member of the Massachusetts bar, sparking a parallel disciplinary proceeding.

While representing corporate clients, he “repeatedly and willfully failed to comply with discovery requests and ...

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