Office of Lawyer Regulation v. Steven Cohen, 2015AP001350-D

Steven Cohen, admitted 1996, faced OLR disciplinary proceedings after criminal convictions and client complaints; previously privately reprimanded in 2007 for a misdemeanor.
Criminal matter: In Oct. 2013 Cohen brought items into a prison for client R.S.; toothbrushes and crushed red pepper were found secreted in a legal folder; Cohen denied knowledge; he later pled no contest to delivery of illegal articles (felony) and obstructing an officer and disorderly conduct (misdemeanors).
Client-fee matter: C.S. paid $2,500 advanced fees to Cohen for DUI defense; Cohen deposited funds in trust but did not provide the required written fee communications and refunded $1,250 after termination.
Communication allegation: OLR alleged Cohen failed to promptly respond to C.S.’s reasonable requests for information (SCR 20:1.4(a)(4)); Cohen disputed sufficiency of evidence for that count and argued mitigating circumstances.
Procedural posture: Cohen stipulated to counts 1–3 (criminal act and fee-rule violations) but not count 4 (lack of communication); referee found all four counts proven and recommended a four-month suspension; Wisconsin Supreme Court affirmed findings and imposed a four-month suspension, plus costs.

Issue	OLR's Argument	Cohen's Argument	Held
Whether Cohen violated SCR 20:1.4(a)(4) by failing to promptly respond to C.S.	Cohen failed to return calls or otherwise promptly provide information; emails purported by Cohen were to new counsel and post-termination; referee should credit client testimony.	Cohen argued some contacts occurred, no pattern of ignoring calls, some emails existed, communications were limited and short representation.	Court held evidence supported referee: Cohen violated SCR 20:1.4(a)(4).
Whether criminal conduct (bringing contraband) violated SCR 20:8.4(b)	Criminal conviction reflects adversely on fitness; lying to authorities aggravated misconduct.	Cohen claimed items were requested by client and motivated by concern; argued mitigation (domestic distress, remorse).	Court held criminal acts violated SCR 20:8.4(b); mitigation insufficient to avoid severe discipline.
Whether failure to provide written fee communications violated SCR 20:1.5(b) and (b)(2)	Cohen charged >$1,000 and took an advance fee without required written communications.	Cohen did not dispute fee facts but had partial refund and asserted communications occurred.	Court held Cohen violated SCR 20:1.5(b)(1) and (b)(2).
Appropriate sanction	OLR sought 60-day suspension; argued seriousness and prior discipline support suspension.	Cohen sought lesser sanction, citing mitigation and consequences already suffered.	Court adopted referee and imposed a four-month suspension and ordered costs.

In re Disciplinary Proceedings Against Mross, 259 Wis. 2d 8 (2003) (attorney suspended 90 days after passing contraband to inmates; used for comparative sanction analysis)
In re Disciplinary Proceedings Against Eisenberg, 269 Wis. 2d 43 (2004) (standard of review: referee findings affirmed unless clearly erroneous)
In re Disciplinary Proceedings Against Widule, 261 Wis. 2d 45 (2003) (court may impose any sanction irrespective of referee recommendation)