Joel Cohen

February 14, 2020 | New York Law Journal

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

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

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

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

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

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

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

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

By Joel Cohen and Bennett L. Gershman

6 minute read

October 07, 2019 | New York Law Journal

In his Ethics and Criminal Practice column, Joel Cohen unpacks the various issues arising from a recent hostage situation in Philadelphia, where the District Attorney made a promise of a reduced sentence to the suspected shooter for his peaceful surrender, and then later said he lied about the lower sentence.

By Joel Cohen

11 minute read

October 04, 2019 | New York Law Journal

Isn't it just possible that Rudy Giuliani could ultimately be viewed as a co-conspirator (assuming improper or illegal acts were committed) so that ethically he cannot and should not be representing "his client"—the president of the United States.

By  Joel Cohen

5 minute read