The Mess
The Kentucky Supreme Court has imposed a three-year suspension followed by probation for two years for admitted misconduct
Between February 1, 2014, and January 31, 2020, Cohen was employed by the law firm of Miller Edwards Rambicure, PLLC (“the Firm”) as a contract senior associate. In mid-January 2020 it was discovered Cohen had accepted a cash fee several months earlier without disclosing the client or the fee to the Firm. At a meeting between Cohen and several partners of the Firm, Cohen admitted his noncompliance with firm procedures pertaining to new client engagement and subsequently returned to the Firm the $450 retainer he had been paid. Cohen’s employment was terminated by the Firm effective January 31, 2020.
Shortly thereafter, attorney Scott White contacted the Firm on Cohen’s behalf to discuss the “mess” Cohen had gotten himself into. On February 5, 2020, White met with members of the firm and reported Cohen had been providing “off the books” legal services for a number of years. The following day, White delivered two cashier’s checks to the Firm—one for $22,836 for fees Cohen had collected and deposited into his personal account, and the other for $9,166.66 as reimbursement for Cohen’s last paycheck. Additionally, White turned over a plastic bag containing $21,785 in cash.
In its subsequent investigation, the Firm discovered the extent of Cohen’s wrongdoings. For several years he had accepted payments from multiple clients for legal services without disclosing or remitting payments to the Firm or to the Central Kentucky Legal Services Agency which had referred clients to him. Cohen had also been reimbursed by the Firm after submitting fraudulent expense reports. Finally, it was found that Cohen had taken blank checks from the Firm’s operating account; written checks to himself, forging the managing partner’s signature or using a signature stamp for the office manager; and concealed records of the fraudulent checks.
The court adopted the sanction proposed by the Bar Board of Governors. (Mike Frisch)