June 10, 2020 | New York Law Journal
Prosecuting George Floyd's Killing: A Timing Calculated to Keep the Peace?In his Ethics and Criminal Practice column, Joel Cohen looks at the charges brought against the police officers in the George Floyd case.
By Joel Cohen
6 minute read
June 08, 2020 | New York Law Journal
Michael Flynn: The Trap, the Guilty Plea and 'Brady'In his Ethics and Criminal Law column, Joel Cohen uses the Michael Flynn case as a background to examine the legal issue: Must a prosecutor disclose Brady material before a defendant pleads guilty?
By Joel Cohen
11 minute read
May 28, 2020 | New York Law Journal
When a 'Would-Be' Client Foolishly Relies on an AttorneyTo be clear, we, all of us, must take to the grave anything the would-be client tells us, even if he never gives us that historically formulaic dollar bill (or peppercorn), and drops us from consideration the moment he walks out of our office casually saying, "I'll be in touch."
By Joel Cohen
7 minute read
May 11, 2020 | New York Law Journal
Flynn: What Will Judge Sullivan Do?"As a terribly disappointed alumnus of the Justice Department, I am sad to say I don't think we can rely on the integrity of the Department's decision-making in this case."
By Joel Cohen
7 minute read
May 05, 2020 | New York Law Journal
Biden/Reade: The Dilemma of Whose Ox Is GoredThis is about the predicament in which public officials or candidates find themselves when the changing landscape of public events catches them in the crosshairs. It's also about the unofficial oath those who aspire to public office effectively take when they take public positions about important current issues.
By Joel Cohen
6 minute read
April 30, 2020 | New York Law Journal
'The Law's Delay'—In Pandemic TimesIf a defendant genuinely wants a speedy trial today, and his lawyer is ready and prepared to be his trial gladiator, he won't be able to get that trial—through literally nobody's fault.
By Joel Cohen
5 minute read
April 16, 2020 | New York Law Journal
Looking Your Client in the Eye—TodayWe can't lapse into obtaining the client's facts through the easiest means possible—seated at our home office with the client at his, having become too blasé in performing what's essential to the lawyer's duty to effectively representing the client in obtaining his unadorned truth.
By Joel Cohen
6 minute read
April 10, 2020 | New York Law Journal
When a Trial Lawyer Communicates Publicly With the Jury—During TrialIn his Ethics and Criminal Practice column, Joel Cohen discusses the actions of Harvey Weinstein's principal lawyer, Donna Rotunno during jury deliberations, using it as a cautionary tale for trial lawyers in light of a their ethical obligations during trial.
By Joel Cohen
13 minute read
April 02, 2020 | New York Law Journal
Courtroom Advocacy, When This Is All OverWhat if digital advocacy were to become routine?
By Joel Cohen
8 minute read
March 26, 2020 | New York Law Journal
How Will Those Who Follow Judge Us?We today, in what we now face, won't be able to hide behind anonymity—how we, our public figures and our communities conducted ourselves is blasted all over all types of media and therefore, one easily presumes, preserved for generations to come and perhaps forever. History will judge us! And we will judge us!
By Joel Cohen and Dale J. Degenshein
7 minute read
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