September 06, 2011 | Law.com
Don't Exclude Academics From the Federal JudiciaryBy Katherine A. Helm and Joel Cohen
10 minute read
October 10, 2011 | Law.com
The Lawyer as ConfidantAlthough some lawyers may claim otherwise, the professional restrictions on violating confidences extend far beyond the attorney-client privilege, writes Stroock & Stroock & Lavan's Joel Cohen, who examines the pitfalls of treating a lawyer like a confidant.
By Joel Cohen
7 minute read
November 17, 2008 | New York Law Journal
When a Prosecutor Doubts the Defendant's GuiltJoel Cohen, a partner at Stroock & Stroock & Lavan, writes that the inescapable fact is that a prosecutor who is potentially inspired to "play God" with his case might simply be wrong about the defendant being innocent. And if a very public defendant (who is in fact innocent) benefits from a prosecutor's unorthodox willingness to help vindicate him, yes, the prosecutor's obituary will surely present him as a hero for having corrected an injustice, at risk to his own reputation.
By Joel Cohen
12 minute read
February 01, 2010 | Law.com
When a Lawyer Knows of Reasonably Certain DeathWhat types of information can a lawyer ethically keep to himself, especially if he is uniquely positioned to know with "reasonable certainty" that if he does not immediately inform a person of an injury or condition, the injury will worsen to the point of substantial bodily harm or death? Joel Cohen and Katherine A. Helm examine the issues in this celebrated age of transparency.
By Joel Cohen and Katherine A. Helm
9 minute read
June 07, 2010 | Law.com
Fairness, Empathy and the 'Interfering' JudgeJudges increasingly find themselves in the spotlight as court watchers ponder the qualities that a judge should, or should not, bring to a case. Looking, in part, at the controversy over a judge's handling of 9/11-related lawsuits, Joel Cohen and Katherine Helm ask: Is it an appropriate exercise of a judge's power to refuse a settlement if the parties, represented by competent counsel who know the case's weaknesses and are intent on resolving a routine or even extraordinary case, have chosen to settle it on stated terms?
By Joel Cohen and Katherine A. Helm
11 minute read
April 13, 2010 | New York Law Journal
Ethics and Criminal PracticeJoel Cohen, a partner at Stroock & Stroock & Lavan and an adjunct professor at Fordham Law School, discusses specific instances of criminal lawyers' crises of conscience and the great price of honest mea culpa advocacy.
By Joel Cohen
13 minute read
April 05, 2007 | New York Law Journal
Must You Believe Your Client's Testimony?Joel Cohen, a partner at Stroock & Stroock & Lavan and an adjunct professor at Brooklyn Law School, writes that clearly, a lawyer cannot allow a client to present testimony that is inconsistent with what the client has privately admitted. But when the client tells his lawyer the same story he proposes to testify to, one that is more or less defensible but one that the lawyer "just knows" is wrong, are that lawyer's hands tied?
By Joel Cohen
12 minute read
February 15, 2011 | Law.com
'Neutrality' and the Naked SocietyJoel Cohen and Katherine Helm examine the erosion of privacy rights in the name of national security and warn against potential consequences if legal remedies are not sought for seemingly minor encroachments.
By Joel Cohen and Katherine A. Helm
10 minute read
July 12, 2011 | New York Law Journal
Tangled Webs: How False Statements Are Undermining AmericaBy Reviewed by Joel Cohen
8 minute read
July 06, 2010 | Law.com
Leaking Legal AdviceSurveying our superheated culture of Wikileaks-type revelations and big-stakes litigation, Joel Cohen and Katherine Helm examine the impact of whistleblower protections and no-holds-barred disclosures on lawyers, clients and the public interest. Ask Cohen and Helm: Where does it all end?
By Joel Cohen and Katherine A. Helm
10 minute read
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