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Started By
Message
Lawyers...can an attorney, under some sort of agreement, record his client conversations .
Posted on 7/20/18 at 7:21 pm
Posted on 7/20/18 at 7:21 pm
Without the specific permission of the client?
11
Posted on 7/20/18 at 7:23 pm to Dry Prong Wildcat
Depends on the state.
Posted on 7/20/18 at 7:24 pm to Dry Prong Wildcat
I would say that if it is a one party state, yes unless there is a specific prohibition against it in law or ethical rules.
Posted on 7/20/18 at 7:29 pm to rmc
As everyone else has said, it depends on the state. I’d bet in nmost states, though, only the client, not the lawyer, is allowed to waive the attorney-client privilege.
Posted on 7/20/18 at 7:30 pm to Dry Prong Wildcat
Attorney client privilege is over. I posted this when the FBI kicked down Cohen's door, to much criticism.
But now today we have more facts. A wash team went though the communications to determine what was privileged. No illegality is suggested in this recording. And the DOJ/ Federal Court System, and/or FBI, among other possibilities, all full of attorneys, leaked this to the press.
In what appears to be an attempt at embarrassment, not justice.
Screw every single poster on here, especially self identified civil libertarians and principled Republicans who criticized me in that original post. All talking about straw men, slippery slopes, etc, and when one is thrust right in front of their faces, don't recognize it.
This is utter bullshite. Everyone knows the Fed can indict, and probably get a conviction on Cohen, and probably do both without this recording.
If Trump cheated that is a moral judgment. This recording, and leaking it had nothing to do wth any legal process.
But now today we have more facts. A wash team went though the communications to determine what was privileged. No illegality is suggested in this recording. And the DOJ/ Federal Court System, and/or FBI, among other possibilities, all full of attorneys, leaked this to the press.
In what appears to be an attempt at embarrassment, not justice.
Screw every single poster on here, especially self identified civil libertarians and principled Republicans who criticized me in that original post. All talking about straw men, slippery slopes, etc, and when one is thrust right in front of their faces, don't recognize it.
This is utter bullshite. Everyone knows the Fed can indict, and probably get a conviction on Cohen, and probably do both without this recording.
If Trump cheated that is a moral judgment. This recording, and leaking it had nothing to do wth any legal process.
Posted on 7/20/18 at 7:31 pm to Dry Prong Wildcat
Secret Taping in of itself is not forbidden by either the Model Rules or the Code of Professional Responsibility.
So depends on the State.
But it's not so much taping...it's what you do with it.
As for a client, you still have attorney-client privilege. So it's not about the taping per se.
So depends on the State.
But it's not so much taping...it's what you do with it.
As for a client, you still have attorney-client privilege. So it's not about the taping per se.
Posted on 7/20/18 at 7:31 pm to Dry Prong Wildcat
Regardless of whether illegal, not to disclose to your own client seems unethical to me.
Posted on 7/20/18 at 7:32 pm to Dry Prong Wildcat
I’ll add my practice: if I record my client I let them know. I have done it a few times over the years so I can go back and review what they have told when I know an interview or meeting is going to take a long time and my written notes probably will not be sufficient. But they know and I ask them if it’s ok.
Posted on 7/20/18 at 7:39 pm to Iowa Golfer
quote:
This is utter bullshite.
You and I have discussed this issue before.
I am simpatico with you on this one.
It depends on the laws in NY about whether Cohen could tape his communications with his client (esp without his knowledge). I know of not one state in the union where the disclosure of those communications by law enforcement is required. Especially when no “crime fraud” is indicated on the recording. Non disclosure agreements ARE LEGAL IN ALL 50 STATES.
I used to believe Trump banged these women. Now. I’m not really so sure. He may have known them. Met them. Flirted. Taken photos. A month from the election and these bitches show up shopping their stories to newspapers, you best believe a good lawyer would make sure to just settle the damn thing to keep it out of the papers to avoid litigating it there.
Iowa Golfer. It is truly and completely bullshite that legal conduct btwn an atty and his client made its way from a team of other lawyers allegedly reviewing it to simply determine whether it was privileged, deciding therefore that it was, and therefore not admissible in evidence and knowingly leaking it to the NYT.
The shitstain of a lawyer willing to engage in ignoring what is literally the most fiduciary of obligations btwn lawyer and client by disclosing it should be disbarred and tarred and feathered.
Posted on 7/20/18 at 7:43 pm to Wednesday
At the very least Cohen’s career as a lawyer should be over. Who would hire him now?
Posted on 7/20/18 at 7:43 pm to rmc
quote:
I’ll add my practice: if I record my client I let them know. I have done it a few times over the years so I can go back and review what they have told when I know an interview or meeting is going to take a long time and my written notes probably will not be sufficient. But they know and I ask them if it’s ok.
I too have taped conversations so we both could remember the contents, especially when meeting close in time to an accident or traumatic event.
I say this because - There are legitimate reasons for recording as well that have nothing to do with wanting to use it against your client later.
In some circumstances I can be required to hand over a writing. But not a tape recording. It is exempt from disclosure (at least under LA law).
The leaking of this information is such a breach of trust by law enforcement I do not even know where to begin. It makes me ill. If Cohen consented to its disclosure, he should be disbarred.
This post was edited on 7/20/18 at 7:46 pm
Posted on 7/20/18 at 7:45 pm to PsychTiger
quote:
At the very least Cohen’s career as a lawyer should be over. Who would hire him now?
By all accounts this guy was a shitty lawyer.
Posted on 7/20/18 at 7:51 pm to Iowa Golfer
quote:
n what appears to be an attempt at embarrassment, not justice
I agree but it’s meant to pressure the President into a sit down. Cohen is cooperating to gain points and maybe even a deal. First was his interview with ABC and now this. Next thing will be worse. Hopefully Trump won’t give in. Make them get a subpoena.
Posted on 7/20/18 at 7:52 pm to Wednesday
I suspect it is/was illegal behavior. So I'm not sure if this sets a precedent due to that.
All that aside, I know it is wrong. And I know it's a matter of time before this impacts average Americans in new, and unthought (not sure that's word) of ways.
I'm not smart like Trump isn't smart. I don't use the best words, express myself well, etc. But I am smart like Trump is smart, in a simpleton way. I know what is right, and what is clearly wrong. And I know what I don't know, and hire people who do know.
Now if I discuss tax avoidance with my attorney on multiple time, suggesting, or asking about strategy, and every time it is not allowable or legal, what happens when my attorney's office gets searched?
I've done nothing wrong. Maybe my attorney has, maybe he hasn't. All this has been done by email. All of my attorney's emails go to a wash team. Mine is thrown out as privileged, and also thrown out due to no illegality.
Why should I believe some rouge law enforcement attorney on the wash team isn't going to drop a hint to the IRS?
"Hey, as an FYI, maybe watch this guy? He seems to have some ideas that aren't exactly legal"
However far fetched and unlikely this is, this is exactly where this goes.
All that aside, I know it is wrong. And I know it's a matter of time before this impacts average Americans in new, and unthought (not sure that's word) of ways.
I'm not smart like Trump isn't smart. I don't use the best words, express myself well, etc. But I am smart like Trump is smart, in a simpleton way. I know what is right, and what is clearly wrong. And I know what I don't know, and hire people who do know.
Now if I discuss tax avoidance with my attorney on multiple time, suggesting, or asking about strategy, and every time it is not allowable or legal, what happens when my attorney's office gets searched?
I've done nothing wrong. Maybe my attorney has, maybe he hasn't. All this has been done by email. All of my attorney's emails go to a wash team. Mine is thrown out as privileged, and also thrown out due to no illegality.
Why should I believe some rouge law enforcement attorney on the wash team isn't going to drop a hint to the IRS?
"Hey, as an FYI, maybe watch this guy? He seems to have some ideas that aren't exactly legal"
However far fetched and unlikely this is, this is exactly where this goes.
Posted on 7/20/18 at 7:55 pm to 14&Counting
quote:
By all accounts this guy was a shitty lawyer.
Probably spent all day posting on Internet forums.
Oh, hey SFP, how are you?
Posted on 7/20/18 at 7:58 pm to PsychTiger
Posted on 7/20/18 at 8:02 pm to PsychTiger
quote:I think he had only a few clients, and most of his work wasn’t really attorney work either. He was like a far more incompetent version of George Clooney’s Micheal Clayton. I guess just another example of hiring the “best people.”
At the very least Cohen’s career as a lawyer should be over. Who would hire him now?
Posted on 7/20/18 at 8:17 pm to Dry Prong Wildcat
Yes.
Disclose it? NO.
Disclose it? NO.
Posted on 7/20/18 at 8:19 pm to mizzoubuckeyeiowa
quote:
Secret Taping in of itself is not forbidden
Well that's f@cked up then.
Posted on 7/20/18 at 8:28 pm to Iowa Golfer
I concur
This should be one if our most sacred acts of freedom - to be abke to speak freely with legal counsel.
Wether it is criminal, civil or political, this right has been eroded to the point of no return.
quote:
Attorney client privilege is over
This should be one if our most sacred acts of freedom - to be abke to speak freely with legal counsel.
Wether it is criminal, civil or political, this right has been eroded to the point of no return.
This post was edited on 7/20/18 at 8:32 pm
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