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Norman W. Cohen (WSBA No. 373, admitted 1965), of Seattle, was suspended for 6 months, effective June 7, 2003, by order of the Washington State Supreme Court following a hearing. For more information, please see In re Cohen, 149 Wn.2d 323, 67 P.3d 1086 (2003). This discipline was based on his conduct in an employment law matter during 1994.
In 1993, Mr. Cohen agreed to represent clients in an employment matter. In February 1994, the defendant filed a summary judgment motion. Mr. Cohen did not make any effort to respond to the motion until at or near the time the response was due. Mr. Cohen asked for additional time to respond and/or a continuance of the trial date. The court ordered Mr. Cohen to either take a voluntary nonsuit or request a continuance with $1,000 in costs. The court order stated that the suit would be dismissed on March 7 if Mr. Cohen had not taken one of the options by that date. Mr. Cohen mailed a letter to the court on March 2 stating he was tendering the costs, but did not pay them until March 10. The court dismissed the lawsuit. In April 1994, Mr. Cohen filed a notice of appeal.
In March 1994, Mr. Cohen sent a bill to the clients, but did not tell the clients that their case had been dismissed. In April, the clients paid $11,982.25. The Court of Appeals affirmed the dismissal. After this decision, Mr. Cohen billed the clients an additional $3,000 for the appeal.
Mr. Cohen’s conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; 1.4(a), requiring lawyers to keep clients reasonably informed of the status of their matters; 1.4(b), requiring lawyers to explain matters to clients to the extent necessary to make reasonable decisions; and 1.5, requiring lawyers fees to be reasonable.
Robert F. Greer and Anne Seidel represented the Bar Association. Kurt Bulmer represented Mr. Cohen. Donald Logerwell was the hearing officer.
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