Lawyer to serve suspension for misleading statements

Tuesday, Oct. 28, 2003 | 9:39 a.m.

CARSON CITY -- The Nevada Supreme Court has approved a settlement in which Las Vegas attorney Wayne Hagendorf will serve 60 days' suspension for misleading statements made in a court case.

The court said it felt the discipline was "rather lenient" but ratified the settlement between Hagendorf and the Southern Nevada Disciplinary Board of the State Bar.

Hagendorf was evicted from his office in Las Vegas when he got into a dispute over the lease with landlord Dennis Durban. During litigation, Hagendorf filed documents in court that purported to show he owned the building and gained a default decree.

The Supreme Court said Hagendorf misled District Court by saying Durban and his attorney could not be found. Durban successfully moved to set aside the default decree to the property when he discovered it had been filed.

The 60-day suspension was conditioned on Hagendorf paying Durban $25,000 to settle the litigation and other matters. If he failed to make the payment, the suspension was for five months.

The Supreme Court said it was "particularly troubled by his (Hagendorf's) lack of candor in the default proceedings at the District Court."

"A court cannot effectively conduct its business if every statement by counsel must be verified, and so great reliance is placed on a lawyer's candor," the Supreme Court said.

But in approving the negotiated settlement, the court noted that this was Hagendorf's first disciplinary case in 13 years and that all sides agreed to the terms.

In a second case, the court issued a public reprimand to Las Vegas lawyer Anthony R. Lopez Jr. and placed him on probation for two years for his conduct in Arizona.

Lopez had closed his Arizona practice after he agreed to be censured and put on probation for two years. He was accused of failing to properly maintain his trust accounts and permitting his staff to serve as signatories on the accounts, resulting in overdrafts.

Lopez has focused his law practice in Nevada and California since leaving Arizona.

The Nevada court said Lopez must enter into an agreement with a mentor in this state who has knowledge about trust account record-keeping. Lopez and the mentor must meet periodically to review his record-keeping on the accounts.