October 22, 2009 | New Jersey Law Journal
The Propriety of Criticizing JudgesTo what extent must we also keep inviolate other lawyer-type information gleaned in the course of representation, that may appear sacrosanct, such as judges' and courts' reputations?
By Joel Cohen and Katherine A. Helm
4 minute read
February 14, 2012 | New York Law Journal
The Ethics Of Denouncing the BenchIn his Ethics and Criminal Practice column, Stroock & Stroock & Lavan partner Joel Cohen asks: What exactly are the ethics of an attorney challenging a judge or a court, either in the courtroom or in the media outside court, when a decision or pattern of rulings goes against the lawyer, whether the lawyer is merely acting out of pure pique or for some other ulterior purpose?
By Joel Cohen
14 minute read
October 12, 2012 | New York Law Journal
The Use of Illegally Obtained EvidenceIn his Ethics and Criminal Practice column, Joel Cohen, a partner at Stroock & Stroock & Lavan, writes that a situation that likely keeps the criminal bar awake at night is where the client comes to his lawyer with evidence actually helpful to his defense, but which he obtained by (likely) violating the law - whether by traditional theft or, these days, via computer hacking.
By Joel Cohen
15 minute read
December 11, 2012 | New York Law Journal
Attorney-Client Privilege: When the Client DiesIn their Ethics and Criminal Practice column, Joel Cohen, a partner at Stroock & Stroock & Lavan, and Yevgenia S. Kleiner, an associate at the firm, write that the Supreme Court has held that the attorney-client privilege survives a client's death in the context of a criminal investigation. But what of the risk that an injustice may occur posthumously if the lawyer's lips remain sealed?
By Joel Cohen and Yevgenia S. Kleiner
14 minute read
February 14, 2012 | Daily Business Review
The risks of taking your electronic devices abroadPerhaps lawyers need to lead the public outcry to encourage the government to change its policy toward searches of electronic devices and provide pro bono support to civil rights groups' national initiative to bring lawsuits around the country.
By Katherine A. Helm and Joel Cohen
11 minute read
February 14, 2013 | New York Law Journal
When Prosecutors Take Liberties With the First AmendmentIn his Ethics and Criminal Practice column, Joel Cohen, of counsel at Stroock & Stroock & Lavan, writes that the more any attorney cavalierly brings a trial into the public spotlight, the greater the risk of a biased jury, but prosecutor-driven publicity, he cautions, is worse.
By Joel Cohen
14 minute read
April 09, 2013 | New York Law Journal
Would a Prosecutor's Manual Help?In his Ethics and Criminal Practice column, Joel Cohen, of counsel at Stroock & Stroock & Lavan, writes that line prosecutors, particularly inexperienced ones, don't realistically have a body of law or practice on which to judge or self-assess their conduct to ensure that they are walking the straight and narrow. Yes, most prosecution offices, state and federal, have training programs. But do they do enough, and is there a better way to proceed?
By Joel Cohen
13 minute read
December 13, 2011 | New York Law Journal
'Sandbagging' and Guilty Plea OffersIn his Ethics and Criminal Practice column, Joel Cohen, a former federal and state prosecutor and a partner at Stroock & Stroock & Lavan, writes that, regardless of the outcome of a pending case in the U.S. Supreme Court, lawyers need to redouble their efforts to ensure that their clients are told almost contemporaneously of each plea offer proposed by the prosecutor, however ridiculous it may seem.
By Joel Cohen
15 minute read
October 13, 2011 | New York Law Journal
When Victim Lawyering Gets AggressiveIn his Ethics and Criminal Practice column, Joel Cohen, a partner at Stroock & Stroock & Lavan, writes that in the aftermath of the front-page drama surrounding Cyrus Vance's decision not to pursue charges brought by a hotel employee that Dominique Strauss-Kahn sexually assaulted her, some speculate that the provocative strategy of seeking to publicly push the District Attorney to continue the prosecution may have significantly undermined that civil case.
By Joel Cohen
14 minute read
June 11, 2012 | New York Law Journal
'Soliciting' a Corporation's Former EmployeesIn his Ethics and Criminal Practice column, Joel Cohen of Stroock & Stroock & Lavan untangle the knotty issues surrounding attorneys' approach to potential witnesses (and clients) when companies find themselves facing investigations.
By Joel Cohen
16 minute read
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