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Norman W. Cohen (WSBA No. 373, admitted 1965), of Seattle, was suspended for one year, effective January 15, 2004, by order of the Washington State Supreme Court following a hearing. For further information, please see In re Discipline of Cohen, 150 Wn.2d 774, 82 P.3d 224 (2004). This discipline was based on his lack of diligence, communication, and improper withdrawal in a litigation matter from 1996 through 2000.
In May 1996, Mr. Cohen agreed to represent a client in an employment dispute. Mr. Cohen obtained a continuance of the trial date without the client's knowledge, despite the client's request for a quick resolution. In July 1998, when opposing counsel hesitated to agree to a second continuance request, Mr. Cohen agreed to voluntarily dismiss the client's suit. Mr. Cohen told his client the employer had requested the second continuance. In September 1998, Mr. Cohen refiled the client's lawsuit. In April 1999, after Mr. Cohen had failed to file required pleadings and attend a status conference, the court dismissed the client's suit and imposed sanctions. In June 1999, Mr. Cohen paid the sanctions, and the court reinstated the client's case. In November, Mr. Cohen agreed, without his client's authority, to transfer the case to mandatory arbitration. At the arbitration hearing, Mr. Cohen called two witnesses and asked for $1.00 in damages. The arbitrator ruled against the client, and Mr. Cohen filed a trial de novo request, but failed to file a jury demand. In November 2000, after the employer filed a summary judgment motion, Mr. Cohen filed a motion to withdraw. Mr. Cohen based his motion on a letter from his physician detailing health conditions he had suffered for over a year. Mr. Cohen did not notify his client prior to filing this motion. The client was not able to obtain new counsel, and agreed to a dismissal with prejudice.
Mr. Cohen's conduct violated RPCs 1.3 and 3.2, requiring lawyers to diligently represent clients and expedite litigation; 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 the extent necessary for clients to make informed decisions; and 1.15, requiring lawyers to take reasonable steps to protect clients' interests upon withdrawal.
Anne I. Seidel represented the Bar Association. Kurt Bulmer represented Mr. Cohen. Robert Bibb was the hearing officer.
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