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While Caught is glad to hear of proper discipline for lawyer misconduct, given the disciplinary council's history, we can't help but wonder if what really motivated the council towards discipline is that Atty. Cooney mishandled the disciplinary council.
Complaint One March 17, 2005
- The state Supreme Court yesterday publicly censured lawyer Eileen
G. Cooney for failing to file a document in an immigration case, failing to
prepare a document in a divorce case, lying to a client, and ignoring the state
disciplinary board.
Professional Misconduct Case One:The court also noted that this is not the first time Cooney has been
disciplined. "That previous discipline consisted of a private censure imposed by
this court in 1995 and a private letter of admonition issued by the board in
2002," the court wrote. "Notably, in each of those matters, [Cooney]
had
neglected a client's case."
Professional Misconduct Case Two:
The opinion presented the following as facts of the case: In July 2001, Cooney
was hired by the family of Belmira Ferreira to help her obtain "permanent
resident alien status." In September 2001, Cooney received a check from the
family for the filing fee with the Immigration and Naturalization Service, and
she prepared the appropriate application. But INS never received the
application.
Between September 2001 and January 2003, the family made many attempts to
contact Cooney about the status of the application. In January 2003, Cooney
learned that INS had not received the application, so she prepared a second one.
But Cooney failed to file the second application and never informed her client.
In January 2004, the family filed a complaint with the disciplinary board, which
sent Cooney two notices seeking a response. When Cooney failed to respond, the
Supreme Court reprimanded her, directing her to file a response or face
suspension. In April 2004, the court suspended her from the practice of law.
Cooney filed a "belated answer" in May 2004, and later that month, the court
reinstated her law license under the condition that her law practice be
monitored and that she continue receiving medical treatment.
Professional Misconduct Case Three:
In the second matter, Cooney was hired to represent Diana Enos in a divorce
case. Under a divorce decree, Enos' husband was to assign her half the value of
his federal retirement benefits. But Cooney failed to prepare the necessary
order to make that assignment, according to the court.
After making many attempts to get information from Cooney, Enos asked Sen. Jack
Reed's office for help in obtaining those benefits. The court said Cooney
"falsely advised Enos that she was working in cooperation with Senator Reed's
office to secure those benefits" when "in fact, [Cooney] had made no contact
with Senator Reed's office."
The disciplinary board concluded that Cooney had violated professional conduct
rules that require lawyers to act with diligence, keep clients informed, be
honest and respond to disciplinary authorities.
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