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In Re: Discipline Of Andrew Wasielewski

Citation: Not availableDocket: 85435

Court: Nevada Supreme Court; October 31, 2022; Nevada; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

A Nevada-licensed attorney, identified in the case as Andrew Wasielewski, has been temporarily suspended from practicing law due to his involvement in two misdemeanor convictions: theft and disorderly conduct. The theft charge, which originally qualified as a felony, was downgraded to a misdemeanor, following unauthorized credit card charges on a client’s account after his removal as counsel by the court. The attorney paid $20,000 in restitution in compliance with the court's mandate. Additionally, the disorderly conduct conviction arose from the misappropriation of $17,000 from an elderly client's trust account for personal use. These offenses were assessed as serious breaches under Nevada Supreme Court Rule 111, justifying the temporary suspension and prompting a referral to the Southern Nevada Disciplinary Board to adjudicate the degree of disciplinary action warranted. The court's decision serves as a final resolution to the present matters, with any subsequent issues requiring a new docket resolution.

Legal Issues Addressed

Misappropriation of Client Funds

Application: The attorney was convicted of disorderly conduct for misappropriating funds from an elderly client's trust account for personal use.

Reasoning: The disorderly conduct conviction involved the misappropriation of approximately $17,000 from an elderly client's trust account for his personal use.

Referral to Disciplinary Board for Further Proceedings

Application: The attorney's case was referred to the Southern Nevada Disciplinary Board to determine the extent of discipline to be imposed.

Reasoning: Both convictions are deemed serious under the Nevada Supreme Court Rule (SCR) 111, warranting a temporary suspension and referral to the Southern Nevada Disciplinary Board for further disciplinary proceedings.

Restitution Requirement in Criminal Convictions

Application: In this case, the attorney was required to pay restitution as part of the sentence for the theft conviction, which he completed.

Reasoning: This charge, initially a felony, was reduced to a misdemeanor, and Wasielewski was ordered to pay $20,000 in restitution, which he has fulfilled.

Temporary Suspension of Attorney under SCR 111

Application: The attorney was temporarily suspended from practicing law following misdemeanor convictions that were deemed serious under SCR 111.

Reasoning: Andrew Wasielewski, a Nevada-licensed attorney, has been temporarily suspended from practicing law following two misdemeanor convictions: theft and disorderly conduct.