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Joel Cohen

Joel Cohen

August 13, 2018 | New York Law Journal

Contingency Fee? When Hourly Fees Run too High in a Criminal Case

In his column on Ethics and Criminal Practice, Joel Cohen explores the rationale behind the prohibition of contingency fees in criminal cases, and suggests that perhaps the time has come for a change.

By Joel Cohen

9 minute read

June 11, 2018 | New York Law Journal

Do Talking Head 'Experts' Have Special Ethical Responsibilities?

In his column on Ethics and Criminal Practice, Joel Cohen wonders to what extent press-quotable lawyers are (albeit unintentionally) poisoning jury deliberations by commenting publicly on high-profile cases.

By Joel Cohen

3 minute read

April 09, 2018 | New York Law Journal

When the Criminal Lawyer Shields the Client

In his Ethics and Criminal Practice column, Joel Cohen discusses whether Trump's lawyer, John Dowd, could have personal criminal exposure if what the The New York Times reported is true—that early on in the Mueller investigation, he communicated to Paul Manafort and General Michael Flynn that Trump would ultimately pardon them.

By Joel Cohen

8 minute read

April 04, 2018 | New York Law Journal

How Do We Judge the Judges?

The New York State Commission on Judicial Conduct reviews more than 2,000 complaints a year. Some of the complaints the Commission receives are meaningful and serious; some are baseless; many, frankly, are in between. But all need to be evaluated and considered.

By Joel Cohen

9 minute read

March 13, 2018 | Law.com

Bring Me a Case!

In November 2007, as American soldiers were still being killed daily in Iraq, Mario Cuomo received an award for outstanding public service from the…

By Joel Cohen and Bennett L. Gershman

6 minute read

February 23, 2018 | New York Law Journal

Fighting Injustice: A Former Prosecutor Offers a Closer Look at the System

Gershman's use of actual cases highlights the prosecutor's role from every side of the criminal justice system.

By Joel Cohen and Dale J. Degenshein

7 minute read

February 13, 2018 | New York Law Journal

Counseling About Criminal Exposure: Lessons From 'The Post'

Ethics and Criminal Practice columnist Joel Cohen writes: When a lawyer is called upon to say “yay” or “nay,” he needs to dig deep into his basket of analytical skills and legal acumen to ensure that he gives the client the full range of potential upsides and downsides. But I mean—the full range!

By Joel Cohen

8 minute read

January 31, 2018 | New York Law Journal

Hollering Justice (and Judges)

Does society need retribution in the form of a judge pointing her finger at the defendant using the same kind of invective that one might see—and, indeed, expect—from an individual victim?

By Joel Cohen

5 minute read

December 11, 2017 | New York Law Journal

Ethics, and Disparaging ('Badmouthing') Clients

Ethics and Criminal Practice columnist Joel Cohen writes: We are lawyers and are obligated to treat our clients (and former clients) with a certain degree of respect in communicating with third parties, however difficult that may sometimes be.

By Joel Cohen

7 minute read

October 16, 2017 | New York Law Journal

Learning From the Vance/Weinstein Mess

We live in an era of an appropriately challenging and, indeed, skeptical citizenry. Particularly when potential criminal conduct is so over-the-top disturbing, shouldn't the public have the right to believe that justice is being dispensed employing the punctilio of integrity?

By Joel Cohen

5 minute read