In re Disciplinary Proceeding Against Cohen

150 Wn. 2d 744 (2004) · Washington Supreme Court · January 15, 2004

Summary

The Washington Supreme Court reviews attorney Norman Wolfe Cohen’s disciplinary proceeding arising from his representation of an employment-law client. The court upholds findings that Cohen failed to act diligently, communicate adequately, and properly withdraw from the representation, and affirms a one-year suspension and restitution. The court also holds that pending disciplinary proceedings may be considered as evidence of a pattern of misconduct and declines to give credit for a suspension imposed in another matter.

Holdings

  1. Cohen violated RPC 1.3 and 3.2 by failing to represent Erickson diligently and failing to expedite the litigation.
  2. Cohen violated RPC 1.4(a) and 1.4(b) by failing to communicate adequately with Erickson about continuances, dismissal, arbitration, the trial de novo, and withdrawal.
  3. Cohen failed to establish that his physical or mental conditions required withdrawal under RPC 1.15(a)(2), and his physician's nonspecific letter did not justify his late withdrawal.
  4. Cohen violated RPC 1.15(b), 1.3, and 1.4 by withdrawing approximately one month before trial when withdrawal materially adversely affected Erickson's interests.
  5. A hearing officer and the Disciplinary Board may consider a pending disciplinary action as evidence of a pattern of misconduct when determining the appropriate sanction, provided the attorney was aware of the pending action.
  6. The one-year suspension was proportionate and warranted by Cohen's repeated misconduct, prior disciplinary record, and the significant harm caused to Erickson.
  7. Cohen was not entitled to credit against the one-year suspension for time served in Cohen I; the suspensions were to run consecutively.

Questions Presented

  1. Whether Cohen's physical and mental health evidence established that RPC 1.15(a)(2) required or justified his withdrawal from Erickson's representation.
  2. Whether Cohen violated RPC 1.15, 1.3, and 1.4 by withdrawing shortly before trial without adequately informing Erickson and causing material adverse effects to Erickson's interests.
  3. Whether the one-year suspension and restitution requirement were supported by the applicable aggravating and mitigating circumstances and were proportionate to sanctions imposed in comparable disciplinary cases.
  4. Whether a pending disciplinary proceeding known to the attorney may be considered as evidence of a pattern of misconduct in determining sanctions.
  5. Whether Cohen was entitled to credit against the one-year suspension for time served in the separate pending disciplinary matter.

Disposition

affirmed

Cases Cited (17)

  • In re Disciplinary Proceeding Against Anschell, 141 Wn. 2d 593, 607, 615-19, 9 P.3d 193 (2000)(followed)
  • In re Disciplinary Proceeding Against Kuvara, 149 Wn. 2d 237, 246, 259, 66 P.3d 1057 (2003)(followed)
  • In re Disciplinary Proceeding Against Huddleston, 137 Wn. 2d 560, 568-69, 974 P.2d 325 (1999)(followed)
  • In re Disciplinary Proceeding Against McMullen, 127 Wn. 2d 150, 162, 896 P.2d 1281 (1995)(followed)
  • In re Disciplinary Proceeding Against Dann, 136 Wn. 2d 67, 84, 960 P.2d 416 (1998)(followed)
  • In re Disciplinary Proceeding Against Noble, 100 Wn. 2d 88, 94-96, 667 P.2d 608 (1983)(followed)
  • In re Disciplinary Proceeding Against Petersen, 120 Wn. 2d 833, 869-71, 846 P.2d 1330 (1993)(followed)
  • In re Disciplinary Proceeding Against McGough, 115 Wn. 2d 1, 17, 793 P.2d 430 (1990)(followed)
  • In re Disciplinary Proceeding Against Halverson, 140 Wn. 2d 475, 492-93, 998 P.2d 833 (2000)(followed)
  • In re Disciplinary Proceeding Against Brothers, 149 Wn. 2d 575, 586, 70 P.3d 940 (2003)(followed)

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