Joel Cohen

August 12, 2024 | New York Law Journal

"An email is simply privileged, or it isn't," writes Joel Cohen. "But what about when counsel tries to make virtually all his client's emails—at least important emails—appear to be so?

By Joel Cohen

8 minute read

August 07, 2024 | New York Law Journal

There was a time that a draft decision of a court remained securely under wraps until the decision was final and intended for public release. And it used to also be that the oral or written communications among judges on a court likewise would remain "in the vault."

By Joel Cohen and Bonnie M. Baker

7 minute read

July 15, 2024 | New York Law Journal

Antediluvians like me are typically resistant to change—particularly when it comes to using computers. Frankly, I border on electrocuting myself…

By Joel Cohen

8 minute read

June 14, 2024 | New York Law Journal

Easy to imagine. Your father is a lawyer, and that's why you want to become one. But do you really need him waxing poetic about Marbury, Palsgraf…

By Joel Cohen with Jonathan A. Fier

9 minute read

June 10, 2024 | New York Law Journal

In this article, Joel Cohen considers the effects that political TV "experts" may have on jurors and assesses them through the lens of the New York County 'Trump' trial.

By Joel Cohen

10 minute read

May 13, 2024 | New York Law Journal

Stephen Breyer's book may have been panned by critics—a New York Times reviewer, for instance, called it "exasperating." But Law Journal columnist Joel Cohen writes that retired judges are uniquely positioned to address pressing issues in criminal justice.

By Joel Cohen

8 minute read

April 23, 2024 | New York Law Journal

Weighing in on Donald Trump's criminal trial in Manhattan, two veteran criminal defense attorneys say that the defense will have to deal with the prosecution's theory of why the payments were made—and create its own countertheory.

By Joel Cohen and Laura A. Brevetti

5 minute read

April 09, 2024 | New York Law Journal

Two longtime Law Journal columnists respond to a recent opinion piece on the tenure and 1976 removal of a special prosecutor.

By Bennett L. Gershman and Joel Cohen

2 minute read

April 08, 2024 | New York Law Journal

It might have appeared to go unnoticed, but lawyers, criminal lawyers especially, are no longer specifically instructed by New York's rules or canons to represent their clients "zealously." Criminal lawyers are instead now simply bound by the extremely lukewarm phraseology contained in Rule 1.3 of New York's Rules of Professional Conduct.

By Joel Cohen

9 minute read

March 18, 2024 | New York Law Journal

Former President Donald Trump's unparalleled ability to "delay" lies directly at the feet of the prosecutors for the three major criminal cases against him and the attorney general of the United States, the Law Journal's Joel Cohen writes.

By Joel Cohen

7 minute read