WALDOBORO, Maine — A prominent Waldoboro attorney faces possible sanctions, including suspension of his license to practice law or disbarment, following his conviction earlier this month on charges of disorderly conduct and violation of conditions of release.
Philip Cohen, 45, is currently serving 28 days in the Lincoln County Jail after Cumberland County Superior Court Justice Roland Cole ruled that he violated terms of a deferred disposition granted after a 2013 domestic violence charge.
But jail time could be the least of Cohen’s problems. The Maine Board of Overseers of the Bar filed a grievance in September claiming that Cohen “engaged in conduct unworthy of an attorney, and violated specific portions of the Maine Rules of Professional Conduct.”
Cohen was arrested in Waldoboro in November 2013 and charged with domestic violence assault. In December, he was arrested again and charged with disorderly conduct and violation of bail conditions after he allegedly phoned and sent text messages to the same victim.
In July, under the terms of a plea agreement, he pleaded guilty to misdemeanor charges of disorderly conduct and violations of conditions of release. Cole granted a deferred disposition, meaning that if Cohen met a number of conditions over the next year, the state would recommend Cohen be fined $1,000 for the two violations, but serve no jail time.
Among the conditions of the deferred disposition, Cohen was prohibited from contacting the victim unless she agreed in writing to the contact.
Less than 24 hours after Cohen received the deferred disposition, he was arrested for violating the terms of the deal by allegedly assaulting the woman at a cabin in Jefferson.
Cohen was sentenced Oct. 15 for the crimes of violating conditions of release and disorderly conduct.
Androscoggin Assistant District Attorney Andrew Matulis, who prosecuted Cohen’s criminal case, formally complained to the bar counsel that Cohen had been criminally charged with domestic violence assault, and was then charged with violating conditions of release by having contact with the victim on two subsequent dates and contacting her by telephone and text messages, according to the complaint.
In the disciplinary petition filed in September, the board charged that Cohen “violated rules prohibiting knowingly disobeying an obligation under the rules of a tribunal,” “committed a criminal or unlawful act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects,” and engaged in conduct that is prejudicial to the administration of justice.
A panel of the grievance committee of the board of overseers found probable cause to believe Cohen engaged in misconduct, according to documents provided by the board of overseers.
Cohen admits to 12 of the 18 allegations in the complaint, according to a response filed by his attorney, Walter McKee. But McKee said by phone Thursday that Cohen denies any allegations of assault. McKee requested that the grievance commission find that Cohen did not violate the bar’s rules of professional conduct.
Jacqueline Rogers, executive director of the board, said the board could take action ranging from dismissing the case to recommending suspension of Cohen’s license to practice, or even disbarment — although the two more serious sanctions would be decided by a Maine Supreme Court justice.
The grievance will be heard by the board on Dec. 19 at Maine District Court in Waterville.