October 12, 2010 | New York Law Journal
When Defendants Are Threatened to Plead GuiltyIn his Ethics and Criminal Practice column, Joel Cohen, a partner at Stroock & Stroock & Lavan, writes that in a justice system so reliant on guilty pleas, a defendant facing a potential plea is often moved to action by the implied or explicit consequences of hanging tough when the moment of decision is at hand. Sometimes, the communication emanating from the prosecutor or judge is not at all subtle.
By Joel Cohen
13 minute read
June 14, 2011 | New York Law Journal
When the Client's Approach Is DeadlyIn his Ethics and Criminal Practice column, Joel Cohen, a partner at Stroock & Stroock & Lavan, asks: Is it more zealous to resist the client's wishes or to simply abide by them when, in the attorney's professional view, the client is fully competent to understand the consequences of his decision, even though he prefers what clearly appears to be a far less favorable outcome?
By Joel Cohen
16 minute read
June 11, 2007 | New York Law Journal
When a Lawyer Gives Moral AdviceJoel Cohen, a practitioner at Stroock & Stroock & Lavan, writes that, in contemporary life, where intelligence often has become a replacement for wisdom, it should be remembered that a lawyer's job is not only to impart legal knowledge, but perhaps a bit of wisdom and, at times, moral consideration as well.
By Joel Cohen
13 minute read
July 18, 2011 | Law.com
Questioning Questionable Recusal CallsIn this commentary, Stroock & Stroock & Lavan partner Joel Cohen examines calls for legislative and judicial recusals through the lens of a recent U.S. Supreme Court decision and the continuing litigation over California's ban on same-sex marriages.
By Joel Cohen
8 minute read
August 13, 2010 | New Jersey Law Journal
Suits & DealsLarge verdicts and settlements in New Jersey.
By Joel Cohen and Katherine A. Helm
3 minute read
January 09, 2008 | New York Law Journal
Gauging 'Ineffective Assistance of Counsel'Joel Cohen, a partner at Stroock & Stroock & Lavan, writes that every time a court rules in favor of a defendant's claim of "ineffective assistance of counsel," the criminal bar breaks out in a dire case of mixed emotions: happy about grounds for "second chance" hope for a convicted defendant; unhappy that new lawyers and courts sitting in habeas jurisdiction might find a way to second-guess our own behavior at trial.
By Joel Cohen
12 minute read
May 03, 2010 | Law.com
When Judges GoogleThe 2nd U.S. Circuit Court of Appeals was recently faced with an unusual appeal in which a criminal defendant raised an intriguing question about the perspectives that a judge can properly bring to bear on the bench. Joel Cohen and Katherine A. Helm examine the events in that case and the related ethical issues involving judges who Google.
By Joel Cohen and Katherine A. Helm
9 minute read
August 07, 2006 | New York Law Journal
Working With a Private EyeJoel Cohen, a partner at Stroock & Stroock & Lavan and an adjunct professor at Brooklyn Law School, writes that although there are bad apples among them, most private investigators dig up stuff using only proper means. But still, issues sometimes arise, and recent events have raised the consciousness of lawyers, particularly criminal and divorce lawyers who employ private investigators on a regular basis.
By Joel Cohen
12 minute read
January 10, 2006 | New York Law Journal
It's "Off the Record"Joel Cohen, a partner at Stroock & Stroock & Lavan, writes that the rules of evidence firmly bar settlement discussions from evidence. Nonetheless, even if they are inadmissible in court, the words exchanged, intended to be kept in confidence, can still have a life of their own � and may inappropriately impact the litigation or its course.
By Joel Cohen
11 minute read
December 07, 2010 | Daily Business Review
Former Judges in Court: When 'Your Honor' becomes your problemWhat's in a name? Joel Cohen and Katherine A. Helm examine the ethical and professional pitfalls in play when one's courtroom adversary turns out to be a former judge.
By Joel Cohen and Katherine A. Helm
10 minute read