December 27, 2022 | New York Law Journal
Has the Pushback Against the Chief Judge Nominee Been Fair?Scrutiny of a judge's record in particular requires the punctilio of fairness.
By Joel Cohen
8 minute read
December 20, 2022 | New York Law Journal
Limiting Risks When Lawyers Engage Private InvestigatorsWill an investigator's questionable conduct be imputed to the lawyer? Yes, the investigator's conduct may well be imputed to the lawyer or law firm if the investigator was inadequately supervised.
By Joel Cohen
6 minute read
December 12, 2022 | New York Law Journal
When the Client Says 'That's All There Is'At bottom, a lawyer needs to be confident that she has taken all reasonable steps to ensure that she absolutely did her best to try to ensure that her attestation is as accurate as possible.
By Joel Cohen
9 minute read
November 30, 2022 | New York Law Journal
When Judges Refer Cases for ProsecutionIt would be foolish indeed for judges to lose their unique platform and typically more objective—non-party—status to ensure that wrongdoers are brought to justice if and when they fully warrant it.
By Joel Cohen
7 minute read
November 03, 2022 | New York Law Journal
'Worse Than Nothing: The Dangerous Fallacy of Originalism'"Chemerinsky's book is advocacy—great advocacy indeed, that seeks to break down what occurs daily on the court in polarized times. One should definitely read his advocacy."
By Joel Cohen
5 minute read
October 21, 2022 | New York Law Journal
Is The Grand Jury Truly a 'Shield'?Isn't it high time that we start rethinking a system that, time and again, has been shown to be so deeply flawed?
By Joel Cohen
8 minute read
October 07, 2022 | New York Law Journal
Ethical Obligations When a Lawyer Is 'Losing It'Possible mental infirmity is a difficult problem that one needs to address gingerly. Hand wringing ethics opinions don't necessarily tell us exactly the factors we need to consider and the manner in which we should go about it.
By Joel Cohen
8 minute read
August 26, 2022 | New York Law Journal
Weisselberg's Guilty Plea: Comparing State and Federal PracticeThe guilty plea of Alan Weisselberg, former CFO of The Trump Organization, raises all kinds of questions.
By Joel Cohen
8 minute read
August 16, 2022 | New York Law Journal
May a Lawyer Purport To Speak the Truth Even When She Doesn't Actually 'Know' It?To use lay terminology, does he or she know what they're talking about? Or may a lawyer simply make a bold declaration about facts without knowing whether they are true?
By Joel Cohen and Bennett L. Gershman
7 minute read
August 08, 2022 | New York Law Journal
Are We Sufficiently Loyal to Former Clients?Every criminal lawyer has been confronted with a client, even a victorious one, who simply wants to leave his difficult past and the lawyer whose mere presence unhappily reminds him of it behind. Many, but not all, lawyers completely understand the phenomenon. But it can't ever warrant the lawyer telling stories that simply should not be told.
By Joel Cohen
7 minute read
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