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re: Hannity and atty client privilege

Posted on 4/17/18 at 8:14 pm to
Posted by Radler_the_weinerdog
New Orleans
Member since Oct 2016
1482 posts
Posted on 4/17/18 at 8:14 pm to
Oh dear! There’s another one.
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20773 posts
Posted on 4/17/18 at 8:14 pm to
quote:

Another well thought out effort that seems intelligent but does absolutely nothing to address a very simple topic. Sad



Ok, well others have talked about it but basically if boils down to semantics by each party and different views of what falls under the atty/client protection umbrella. See you don't have to be sad any longer.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 4/17/18 at 8:14 pm to
quote:

What does Sean Hannitay have to do with Russian collusion?


The question is why was Hannity interested in concealing the fact that he was doing business with Cohen while blasting the investigation into Cohen.

Russian collusion has nothing to do with it. An honest journalist discloses possible conflicts of interest.
Posted by Radler_the_weinerdog
New Orleans
Member since Oct 2016
1482 posts
Posted on 4/17/18 at 8:16 pm to
Ring a ding ding! Another winner! Now we’re getting somewhere
Posted by Rekrul
Member since Feb 2007
9280 posts
Posted on 4/17/18 at 8:16 pm to
You’re a fraud, and you’ll be banned. frick off
Posted by Antonio Moss
The South
Member since Mar 2006
49062 posts
Posted on 4/17/18 at 8:17 pm to
quote:

So far this is the most interesting answer. Most of the others are just piss poor insults.
So if a lawyer just thinks you’re his client can he also send you a bill?


From a legal ethics perspective, Cohen is probably restricted from saying or producing anything without Hannity's permission. Attorney-client privilege is incredibly broad and encompasses all sorts of things that may fall outside of a typical retention contract.

Personally, I never reveal any conversations I have with friends or colleagues if I'm rendering legal advice - even if that advice is simply made in passing.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80036 posts
Posted on 4/17/18 at 8:20 pm to
No, but out of an abundance of caution an attorney who has reason to believe that someone might think that he gotten legal advice from said attorney should hold out the opportunity for that person to claim the privilege.
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20773 posts
Posted on 4/17/18 at 8:20 pm to
quote:

concealing the fact that he was doing business with Cohen


Again, semantics. I have received legal advice before on the side yet I would hardly say I was that attorney's client, nor would I have felt the need to elaborate on that advice while at the same time darn sure not feel I was concealing a thing about it by not mentioning it either.
Posted by Radler_the_weinerdog
New Orleans
Member since Oct 2016
1482 posts
Posted on 4/17/18 at 8:24 pm to
Fraud? In what way?
And banned for pointing out pinheads???? Kay
Posted by YeauxKeauxEauxNeaux
Member since Apr 2018
29 posts
Posted on 4/17/18 at 9:33 pm to
quote:

Hannity doesn't consider himself a client but Cohen does. Hannity is free to waive the privilege.


But, of course, Hannity didn't waive the privilege. And, in fact, according to Cohen's lawyer, Hannity instructed him to immediately appeal if the judge ordered his name be revealed. If Hannity were to waive privilege, of course, one of the things that would be revealed is that he did have dealings with Cohen, so in wanting it to be kept secret, he was absolutely asserting his privilege.

Not to mention that Hannity is at the same time claiming that he never paid Cohen, but also saying, "I may have slipped him $10 to establish Attorney Client privilege" like a scene out of Breaking Bad or some shite.

Obviously, the fact that Hannity didn't disclose his relationship with Cohen despite knowing full well that documents regarding his own dealings with Cohen may well have been included in those seized during the raid is tantamount to journalistic malpractice. But unless the nature of those documents is particular damaging or embarrassing to Hannity personally, I don't understand why he's running scared like he is. Did he honestly think Fox News was going to give him shite for shilling on the air for his own attorney?
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80036 posts
Posted on 4/17/18 at 9:41 pm to
quote:

journalistic malpractice


Hannity is not a journalist and does not claim to be one.
Posted by Azkiger
Member since Nov 2016
26955 posts
Posted on 4/17/18 at 9:52 pm to
quote:

Although there are minor variations, the elements necessary to establish the attorney client privilege generally are:
1.) The asserted holder of the privilege is (or sought to become) a client; and

2.) The person to whom the communication was made:

a - is a member of the bar of a court, or a subordinate of such a member,
b - and in connection with this communication, is acting as an attorney; and

3.) The communication was for the purpose of securing legal advice.


- Wiki

Simply "seeking to become" a client, which could be something as simple as asking for legal advice, could be considered as under attorney-client privilege.

If Cohen kept notes on conversations between himself and Hannity where he was giving him legal advice then whether or not Cohen actually received a cent for said advice it is irrelevant.

Now that that's solved, how about you look up law regarding the mishandling of classified information and whether or not intent is required to break that law...
Posted by Pussykat
South Louisiana
Member since Oct 2016
3889 posts
Posted on 4/17/18 at 9:55 pm to
Why Should I care if Cohen is Hannity’s attorney?
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 4/17/18 at 9:55 pm to
All of a sudden everybody is a privilege expert.

Posted by Lickitty Split
Inside
Member since Apr 2017
4120 posts
Posted on 4/17/18 at 9:58 pm to
Any smart lawyer that knows professionalism and ethics would know that communication was privileged. Hannity is exercising his privilege which cannot be waived by Cohen. They are really trying to create a constitutional crisis of this shite keeps happening.
Posted by Azkiger
Member since Nov 2016
26955 posts
Posted on 4/17/18 at 10:01 pm to
quote:

Obviously, the fact that Hannity didn't disclose his relationship with Cohen despite knowing full well that documents regarding his own dealings with Cohen may well have been included in those seized during the raid is tantamount to journalistic malpractice.


1.) Hannity doesn't claim to be a journalist.
2.) Do you really think that the fact that Hannity used Cohen in some fashion for legal advice changed his opinion of the Cohen raid? Hannity is 110% Trump. Cohen is one of Trump's lawyers. OF COURSE he is going to be against it. Whether or not he had connections with Cohen, Hannity was going to come out swinging against a raid on ANY Trump lawyer.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 4/17/18 at 10:03 pm to
Tough spot for Hannity. If he disclosed, everyone assumes he paid a woman off. If he doesn’t disclose, he risks criticism for covering a very natural topic for him.
Posted by Cincinnati Bowtie
Sparta
Member since May 2008
11951 posts
Posted on 4/17/18 at 10:03 pm to
quote:

An honest journalist discloses possible conflicts of interest.

He’s not a journalist. He’s said this numerous times.
Posted by Azkiger
Member since Nov 2016
26955 posts
Posted on 4/17/18 at 10:04 pm to
quote:

All of a sudden everybody is a privilege expert.


The phrase "sought to become a client" isn't an especially complicated concept.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 4/17/18 at 10:06 pm to
quote:

The phrase "sought to become a client" isn't an especially complicated concept.


Nah. But privilege overall isn’t that simple.

And Hannity was all over the place in describing the relationship.
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