\
  The most prestigious law school admissions discussion board in the world.
BackRefresh Options Favorite

Cohen is getting disbarred for taping Trump, right?

Right?
free-loading base
  07/22/18
No. The deep state will protect him.
Buck-toothed histrionic digit ratio
  07/22/18
...
chartreuse stead
  07/22/18
Hehe
misunderstood bawdyhouse roommate
  07/22/18
Curious, what rule does this violate? He didn't leak the tap...
shaky up-to-no-good newt set
  07/22/18
Just googled and this popped up: In a move completely unr...
shaky up-to-no-good newt set
  07/22/18
jfc just do always be a client aware that you always have to...
canary international law enforcement agency
  07/22/18
why would it matter? lawyer can't divulge client confidences...
judgmental abode toilet seat
  07/22/18
Cr plenty of lawyers take notes of conversations almost verb...
shaky up-to-no-good newt set
  07/22/18
I'm pretty sure that concerns taping conversations with non-...
autistic chest-beating plaza
  07/22/18
sounds right but is there anything that would make you belie...
shaky up-to-no-good newt set
  07/22/18
Sure. I'm not going to spend the time looking up rules, but ...
autistic chest-beating plaza
  07/22/18
the ethics rules go beyond privilege, including not disclosi...
marvelous bistre fanboi mexican
  07/22/18
when your client is a lying shitbag you gotta protect yourse...
judgmental abode toilet seat
  07/22/18
So you're saying every lawyer should record client convos?
purple jewess public bath
  07/22/18
sure just don't get raided by the feds. not sure cohen was a...
judgmental abode toilet seat
  07/22/18
probably not a bad idea for SOLOs repping shady clients/crim...
shaky up-to-no-good newt set
  07/22/18
The model rules don't mean shit. California is a 2-party con...
purple jewess public bath
  07/22/18
Well, yeah, if you are in a two party state then obviously y...
shaky up-to-no-good newt set
  07/22/18


Poast new message in this thread



Reply Favorite

Date: July 22nd, 2018 12:56 PM
Author: free-loading base

Right?

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475030)



Reply Favorite

Date: July 22nd, 2018 12:57 PM
Author: Buck-toothed histrionic digit ratio

No. The deep state will protect him.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475032)



Reply Favorite

Date: July 22nd, 2018 12:57 PM
Author: chartreuse stead



(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475033)



Reply Favorite

Date: July 22nd, 2018 12:58 PM
Author: misunderstood bawdyhouse roommate

Hehe

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475035)



Reply Favorite

Date: July 22nd, 2018 12:58 PM
Author: shaky up-to-no-good newt set

Curious, what rule does this violate? He didn't leak the tape or anything. He kept confidence. Trump is the one who waived privilege on the tape.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475036)



Reply Favorite

Date: July 22nd, 2018 12:59 PM
Author: shaky up-to-no-good newt set

Just googled and this popped up:

In a move completely unrelated to the recent terrorist attack on lower Manhattan and Washington, D.C., the American Bar Association’s Committee on Ethics and Professional Responsibility recently reversed long-standing precedent and held that lawyers may ethically tape their conversations, with some caveats. ABA Formal Opinion 01-422, issued with little fanfare on the eve of the ABA Annual Meeting in Chicago in early August, held that the Model Rules do not proscribe a lawyer from taping his own conversations, provided the taping is not illegal in the relevant jurisdictions and the lawyer does not lie about whether the conversation is being taped, if asked about it.

http://www.newyorklegalethics.com/aba-lawyers-may-tape-their-conversations/

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475040)



Reply Favorite

Date: July 22nd, 2018 1:09 PM
Author: canary international law enforcement agency

jfc just do always be a client aware that you always have to ask your lawyer if he's recording the conversation.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475072)



Reply Favorite

Date: July 22nd, 2018 1:10 PM
Author: judgmental abode toilet seat

why would it matter? lawyer can't divulge client confidences regardless.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475075)



Reply Favorite

Date: July 22nd, 2018 1:14 PM
Author: shaky up-to-no-good newt set

Cr plenty of lawyers take notes of conversations almost verbatim anyway

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475091)



Reply Favorite

Date: July 22nd, 2018 1:15 PM
Author: autistic chest-beating plaza

I'm pretty sure that concerns taping conversations with non-clients, which has been a hot ethics issue for quite some time. For the longest time, it was a given that a lawyer acted unethically by recording conversations with third-parties without disclosure. After most states enacted statutes concerning the property of recording conversations (i.e., statutes requiring 1 or 2 party consent), many states overturned prior decisions, taking the position that the statutes established reasonable expectations of privacy.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475098)



Reply Favorite

Date: July 22nd, 2018 1:22 PM
Author: shaky up-to-no-good newt set

sounds right but is there anything that would make you believe it doesn't also apply to your convos with clients, so long as you are otherwise acting within the rules (i.e. obviously still have to keep clients confidences, etc.).

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475118)



Reply Favorite

Date: July 22nd, 2018 1:42 PM
Author: autistic chest-beating plaza

Sure. I'm not going to spend the time looking up rules, but as a general proposition, your duty with respect to honesty and disclosure is weakest when dealing with the general public and becomes more stringent with the court and highest with your own client, with the client having a significantly elevated expectation of privacy with his attorney relative to a non-clients and the same attorney. I would anticipate in the context of a bar complaint concerning an attorney's "secret" recording of conversations with clients looking at the attorney's subjective reason for making the recording, with that likely determining how fucked the attorney would be.



(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475219)



Reply Favorite

Date: July 22nd, 2018 1:58 PM
Author: marvelous bistre fanboi mexican

the ethics rules go beyond privilege, including not disclosing even non-confidential information that may be detrimental to you client

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475279)



Reply Favorite

Date: July 22nd, 2018 12:58 PM
Author: judgmental abode toilet seat

when your client is a lying shitbag you gotta protect yourself somehow.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475038)



Reply Favorite

Date: July 22nd, 2018 1:04 PM
Author: purple jewess public bath

So you're saying every lawyer should record client convos?

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475056)



Reply Favorite

Date: July 22nd, 2018 1:05 PM
Author: judgmental abode toilet seat

sure just don't get raided by the feds. not sure cohen was a lawyer since he didn't practice law.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475059)



Reply Favorite

Date: July 22nd, 2018 1:08 PM
Author: shaky up-to-no-good newt set

probably not a bad idea for SOLOs repping shady clients/criminals, unless there's some ethical rule against it, but from brief googling it doesn't seem like there is one

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475068)



Reply Favorite

Date: July 22nd, 2018 1:13 PM
Author: purple jewess public bath

The model rules don't mean shit. California is a 2-party consent state, for example.

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475084)



Reply Favorite

Date: July 22nd, 2018 1:15 PM
Author: shaky up-to-no-good newt set

Well, yeah, if you are in a two party state then obviously you can't do this

(http://www.autoadmit.com/thread.php?thread_id=4032198&forum_id=2#36475093)