The Arizona Presiding Disciplinary Judge has approved an agreed sanction of a suspension for six months and a day
The Agreement describes in detail the facts supporting the conditionally admitted ethical violations, which are not repeated herein. Generally speaking, the ethical issues arose in the context of Ms. Cowan’s role with the pro bono immigration clinic known as Keep Tucson Together (KTT). Ms. Cowan supervised KTT and appeared as counsel for many KTT clients. The Agreement summarizes the conduct at issue as follows:
Respondent knowingly failed to establish appropriate policies for ensuring that appropriate practices and procedures exist for KTT, including policies and procedures relating to client communication and the handling of client funds. Respondent also knowingly failed to comply with the [Board of Immigration Appeals] order regarding the written notice of her suspension to all clients, and to explain accurately to clients the effect of the suspension. Respondent negligently failed to maintain adequate communication with her clients, and negligently mismanaged the handling of [one client’s] funds.
The conditionally admitted violations also involve inadequate supervision of non-lawyer staff at KTT which, at times, resulted in non-lawyer personnel engaging in conduct constituting the practice of law.
Sanction
The Agreement relies on ABA Standards 4.42 and 7.2 – both of which call for suspension as the presumptive sanction. The parties stipulate to five aggravating factors: (1) prior disciplinary offense; (2) a pattern of misconduct; (3) multiple offenses; (4) vulnerability of victims; and (5) substantial experience in the practice of law. They agree that the following mitigating factors apply: (1) full and free disclosure to disciplinary board or cooperative attitude toward proceedings; and (2) character or reputation. Numerous character reference letters were included with the Agreement, attesting to Ms. Cowan’s devotion to protecting the rights of immigrants and describing numerous professional awards she has garnered over the course of her career.
(Mike Frisch)