what happened to lawyer-client confidentiality was michael cohen

If Cohen, however, leaked the tape when it was still considered privileged, and before Trump waived the privilege, he could face discipline from the State Bar of New York for breaching an attorney’s duty of confidentiality. (New York Rule of Professional Conduct 1.6.)

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This piece was originally published on Lawfare. The world is awash in “hot takes” on the news that President Trump’s personal attorney, Michael Cohen, is …

What is the crime fraud exception?

There's also the "crime fraud exception" which means any communication between a lawyer and client that furthers or covers up a crime or fraud is not covered. “For instance, an attorney cannot put you on the stand when the attorney knows that you’re going to commit perjury,” said Dr. David Branham, Associate Professor and Chair ...

Can a lawyer be charged with a crime for breaking the attorney-client privilege?

Treece said while lawyers cannot be charged with a crime for breaking the attorney-client privilege, they can lose their license to practice law. However, a New York court disbarred Cohen on Tuesday, so that fear is off the table. President Trump could also sue Cohen. However, Treece said there are a couple of exceptions to attorney-client ...

What happens if a defense attorney knows more about what has happened?

If defense attorneys, for example, know more about what has happened, then they will be able to make the testing function of a trial function more effectively. Short term, the ability to get attorneys to rat out their clients is lost; long term, a better-functioning justice system is gained.

What happens if a defendant cannot be compelled to testify against himself?

If a defendant cannot be compelled to testify against himself, the privilege would be strongly weakened if his attorney could be compelled to say what he had said . This rationale is less about fostering attorney-client transparency and more about protecting criminal rights, but it gets to the same place.

What is a lawyer used for in a Ponzi scheme?

The lawyer helps set up a shell corporation (perfectly legal generally) and the corporation is used to foster a Ponzi scheme. The lawyer is asked about how to secure insurance, and the insurance is used to collect on an insurance fraud. And so on. In other words, the crime-fraud exception applies when an attorney’s advice is used to further ...

Did Cohen defend the privilege of Kushner?

This may not make that much difference, since Cohen is obliged to defend the privilege for Kushner to the same effect as if Trump had asked him to. But if, hypothetically, Kushner waived the privilege in an effort to cooperate with the New York investigators, Trump could not complain.

Did Trump know what Cohen was doing?

Because President Trump has said quite publicly that he did not know what Cohen was doing with respect to the alleged payments to the actress known as Stormy Daniels— payments that appear to be at the core of the Southern District of New York's investigation.

Is attorney-client privilege a second-order privilege?

And so, many think of the attorney-client privilege as actually fostering the truth-finding function of the courts in a second-order way.

Is Michael Cohen under investigation?

The world is awash in “hot takes” on the news that President Trump’s personal attorney, Michael Cohen, is under criminal investigation. On Monday, the FBI executed a search warrant at his home, his office and a hotel room that he rented. Claims are already resonating that the search violated Trump’s attorney-client privilege ...