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Joel Cohen

Joel Cohen

April 02, 2020 | New York Law Journal

Courtroom Advocacy, When This Is All Over

What 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

February 14, 2020 | New York Law Journal

Considering Dershowitz's Role(s)

Why did Trump deserve Dershowitz's creativity? Why do the positions that Trump wanted taken deserve to have been argued by someone who, as a result of his Trump advocacy, has somewhat squandered all the valuable things he's done for many years for defendants who might not otherwise have someone of Dershowitz's caliber at bat for them?

By Joel Cohen

6 minute read

February 10, 2020 | New York Law Journal

When Will a Criminal Lawyer Report His Client?

In his Ethics and Criminal Practice column, Joel Cohen explores a lawyer's dilemma of whether to inform the court of a concern that there is an intent by a client to commit perjury.

By Joel Cohen

10 minute read

January 21, 2020 | New York Law Journal

Does No Cash Bail Make Any Sense?

When the community is potentially at risk if a particular defendant is released, even if the pending crime charged is relatively low-level, it makes little sense to totally remove discretionary power relating to a defendant's release from the judge (aside from empowering him to impose monitoring or travel restrictions).

By Joel Cohen

8 minute read

January 10, 2020 | New York Law Journal

Lawyer Trust, and the John Bolton Chess Game

When we practice law, the most valuable tool on our belt is the trust we've earned over the course of our practice.

By Joel Cohen

6 minute read

December 09, 2019 | New York Law Journal

When Prosecutors and Regulators 'Double Team'

In his Ethics and Criminal Practice column, Joel Cohen writes: In times past, prosecutors were only—or at least primarily—interested in putting your clients in jail and fining them. And regulators were only trying to sue your clients for money, or to regulate them by lawsuits that sought to put your clients out of business or impose significant limitations on how they could do business going forward. Not so true anymore.

By Joel Cohen

10 minute read

December 04, 2019 | New York Law Journal

Giuliani's 'Policy' Game

Yes, Giuliani does have an insurance policy in his hip pocket. The lingering question is just how far down the road it must be before Trump, the "world's greatest negotiator," would be willing to "throw in the policy" to end the potential problem that Giuliani alone can cause him.

By Joel Cohen

5 minute read

November 19, 2019 | New York Law Journal

My Morning in the Grand Jury

The prosecutor was utterly fair both to the witness and the targets of the investigation in his questioning. Would this prosecutor have been equally fair had I not been there? Probably so. But didn't my mere presence insist on that fairness, even if I never had reason to say a word or even grimace in his direction?

By Joel Cohen

6 minute read

November 14, 2019 | New York Law Journal

Can Trump Game the Legal System? Only If Courts Cooperate.

Why do the courts really have to take so long to decide these cases?

By Joel Cohen and Bennett L. Gershman

6 minute read