Kwasnik v. State Bar of California

Facts

Richard Kwasnik graduated from Brooklyn Law School in 1966 and was admitted to practice in New York in 1967. In 1970, he was involved in an automobile accident while driving impaired that resulted in the death of Steven Smilanich, a husband and father of three children. A wrongful death judgment of $232,234 was entered against him in 1974. His insurance paid $10,000, and Kwasnik made no payments until garnishment proceedings were initiated in 1975, after which he paid only the minimum required to avoid garnishment ($42 biweekly). Between 1975 and 1980, he paid only $4,685 despite earning between $15,000 and $32,000 annually and living rent-free.

In 1979, Kwasnik falsely testified in a deposition that he had no joint bank accounts. In his Florida Bar application, he misrepresented his payment history and intentions. In 1980, he moved to Florida (where wages were exempt from garnishment), stopped making payments, and filed for bankruptcy, listing only the wrongful death judgment as a debt to be discharged. The Florida Bar initially denied his admission based on his pattern of misrepresentations and evasion, but the Florida Supreme Court later admitted him in 1988, finding he had demonstrated rehabilitation.

In California, the State Bar hearing panel recommended admission, but the Review Department disagreed, finding Kwasnik lacked good moral character based on his conduct surrounding the judgment and bankruptcy. Kwasnik presented fifteen character reference letters from judges, attorneys, and a pastor, and had no disciplinary record in over 20 years of practice in New York.