Criminal charges possible against attorney accused of assault

A personal injury attorney with Glen Lerner & Associates who is accused of assaulting another man while in a drunken rage faces possible criminal charges and a lawsuit that could provide a cautionary tale about lawyers behaving badly.

That tale began June 11 with a confrontation at a fundraiser for the Candlelighters Childhood Cancer Foundation of Nevada at the Siena Golf Club in Las Vegas. The Lerner attorneys made up a foursome at the charity golf tournament.

Brian Walsh alleges in court papers that Lerner attorney Benjamin Lund assaulted him -- and did so in his official capacity as an associate lawyer for the ubiquitous law firm, whose owner says he grew up battling bullies and now, "I get paid for doing what I love to do ... fight!"

Lund has been a Nevada attorney since 1999. Walsh said the taller and bigger Lund's closed-fist sucker punch resulted in a blowout fracture to his right orbital bone below the eye, lacerations and scarring, sinus bleeding, numbness and "apparent nerve damage to the right side of his face."

Walsh alleges the dust-up started after the end of play, when Lund and two or more fellow Lerner attorneys, who were visibly drunk, approached three young women working in a hospitality tent sponsored by Pole Position Raceway, which runs indoor go-kart tracks.

According to court papers, two of the Lerner attorneys earlier this year initiated a personal injury lawsuit against Pole Position, and one of the unidentified lawyers started to "interrogate" the women regarding the case. The attorneys reportedly became angry with the answers, and Lund asked one of the women if she had "daddy issues."

Another lawyer in the group then "offered money to the females in exchange for the attorney being able to lick the females' rear ends," court papers said.

That offer and another plea for a kiss for cash were rejected, and "some or all of the Lerner attorneys directed vulgar and sexually explicit language at the Pole Position females for several minutes."

Walsh's attorney, Andre Lagomarsino, attributes some of the behavior to the hostesses' legal assessment that "their case stunk."

The women "eventually refused to be further interrogated by the drunken lawyers," Lagomarsino wrote.

But that wasn't the closing argument.

Also playing in the tournament was Pole Position owner Brad Mark. After a hostess identified as Hayli in court papers described the confrontation to him, Mark "loudly chastised the attorneys for their outrageous behavior.''

Later, court papers said, Lund confronted Mark outside the clubhouse and threatened both Mark and Walsh, who had golfed in Mark's foursome but who is not connected with Pole Position.

During the confrontation, Walsh alleged, Lund invited him to "go ahead and hit me, (expletive)," to which he replied, "You're an attorney. I'm not stupid. I'm not going to swing."

Lund then delivered a belly bump and a sucker punch, the lawsuit said. When witnesses stepped in to break it up, Lund "scurried off to his car and fled the scene," the lawsuit said.

Walsh said he has incurred nearly $28,000 in medical bills and might need a second orbital reconstruction surgery.

Court records show that Lerner associate Corey M. Eschweiler on March 29 filed a still-pending lawsuit against Pole Position Raceway on behalf of a Susan Adams. It's unclear whether Eschweiler was one of the lawyers with Lund. Walsh said he was able to identify only Lund, but the names of his golfing associates could be added later.

It's unclear what effect the assault allegations might have on that case.

No criminal charges have been filed, but the incident remains under investigation by Las Vegas police.

If convicted of a felony, Lund could lose his law license. Phil Patee of the Nevada State Bar Association said Lund is not the subject of an investigation or complaint.

Lagomarsino declined to comment for this article.

Though he wasn't at the golf tournament, Glen Lerner could be on the hook for damages.

The lawsuit alleges that because Lund and the unidentified attorneys were in the "Lerner foursome," they officially represented the law firm and Lerner is liable as their employer.

Staff members at Lerner & Associates said no one authorized to comment was available Tuesday.

Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 702-224-5512 or read more courts coverage at lvlegalnews.com.