Plantation attorney Barry Robert Gainsburg has been suspended for 90 days following a Jan. 18 Florida Supreme Court order regarding allegations he filed frivolous lawsuits against a former employer, according to a recent announcement by The Florida Bar.
"Gainsburg filed multiple frivolous lawsuits in multiple jurisdictions against his former employer, and its attorneys," the state bar said in its Feb. 27 announcement of the discipline and the Supreme Court's orders. "He used the legal system to divulge confidential client information regarding his former client corporation and sent the civil complaint to the media. Gainsburg also engaged in unethical litigation tactics to disqualify judges."
Gainsburg agreed to "write sincere and heartfelt letters of apology" to 10 individuals caught up in his allegedly frivolous lawsuits, according to the consent judgment filed with the court. The consent judgment also includes Gainsburg's conditional guilty plea.
Gainsburg informed the court Jan. 22 that he is no longer practicing law, so his suspension was made retroactive to that day, according to a high court order issued that day. The high court's earlier two-page order placed Gainsburg on three years' probation to follow his suspension and ordered him to pay almost $2,757 in costs.
Gainsburg was admitted to the Florida bar Dec. 22, 1993, according to his profile at the state bar website.
Gainsburg believed "he was being wronged by an employer, a corporation, the court and The Florida Bar" and expressed that belief "in an irrational manner by attempting to use the court system to 'punish' those he felt had wronged him," the consent judgment said.
Gainsburg allegedly tried to get judges disqualified, bypassed counsel to communicate with a client, sent threats to opposing counsel and purchased a former client's corporate shares to influence litigation, according to the consent judgment. Gainsburg also post information about litigation to social media, despite a trial court directive to not do so, according to the judgment.
Gainsburg said he was suffering "mental, physical and emotional issues" at the time, expressed remorse and "now recognizes that his misconduct was not remotely consistent with the ethical and professional standards expected by a member of The Florida Bar", the consent judgment said.