How do you reconcile these two remarks....

Discussion in 'Politics' started by Xelor, Apr 17, 2018.

  1. Xelor
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    Xelor Gold Member

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    1. Michael Cohen's lawyers averred in court that Sean Hannity is one of Michael Cohen's clients.
    2. Sean Hannity asserts that he was not at all Cohen's client.
      Hannity: Cohen has never represented me - CNN Video
    What is attorney-client privilege?
     
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  2. frigidweirdo
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    frigidweirdo Gold Member

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    Well, the guy seemed to get FREE legal advice from Cohen. Maybe because he's Trump's lawyer and Trump was paying for it all.
     
  3. Ridgerunner
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    Ridgerunner 'Ole Wise One' Supporting Member

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    Two guys setting at a bar drinking adult beverages talking real estate and you idiots want him drawn and quartered... sad little monkeys, all of you... :piss2:
     
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  4. Xelor
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    Xelor Gold Member

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    It doesn't seem like to me. Check out the linked video. In it, one'll hear Hannity explicitly state he received no legal advice form Cohen.

    Note: I put a link on "legal advice" because what laymen would call "legal advice" and what attorneys call legal advices are often different. That difference is made clear upon one's putting an attorney on retainer or otherwise becoming a client of an attorney.


    Correction:
    I misspoke. Hannity does say he asked Cohen some legal questions.​

     
    Last edited: Apr 17, 2018
  5. Xelor
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    Xelor Gold Member

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    My mistake:​
    • Hannity does appear to have said he sought legal advice.
     
  6. The Professor
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    The Professor Diamond Member Gold Supporting Member Supporting Member

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    There is nothing to reconcile. Let me explain.

    Hannity was a client as that term is legally defined:

    "A person who employs or retains an attorney to represent him or her in any legal business; to assist, to counsel, and to defend the individual in legal proceedings; and to appear on his or her behalf in court.

    "This term includes a person who divulges confidential matters to an attorney while pursuing professional assistance, regardless of sub-sequent employment of the attorney. This attorney-client relationship is quite complex and extensive in its scope. One of the key aspects of this relationship is confidentiality of communications. A client has the right to require that his or her attorney keep secret any discussion between them during the course of their relationship that pertains to the matters for which the attorney is hired. This protection extends to a person who might have disclosed any confidential matters while seeking aid from an attorney, whether the attorney was employed or not. If, for example, someone is "shopping" for an attorney to handle a Divorce, the person might reveal certain private information to several attorneys, all of whom are expected to keep such communications confidential” (highlights my own).

    client

    As you can see, a client is described in different ways. Hannity never said he was not a client; instead, he said he sought advice from Cohen but never hired him nor been represented by the man. As the above article shows, one who seeks aid from an attorney is entitled to attorney-client privilege even though the attorney is never paid or hired.

    CONCLUSION: Was Hannity a client? Yes he was as that term is legally defined. Did Hannity ever say he was not a client? No, he did not. What he said was that he had never paid for Cohen’s services or been represented by him, but had sought confidential legal advice from him. Is Hannity still entitled to attorney-client privilege? Yes, he is.
     
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  7. Xelor
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    Xelor Gold Member

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    The things that strike me about the "Hannity" issue are these:
    • The client owns the veil of privilege, not the attorney. It's really hard to say that a genuine attorney-client relationship exists(-ed) between Sean and Cohen when Sean is bending over backwards to minimize the nature of their relationship.
    • The bigger problem, for Hannity, is whether he can maintain the appearance of being a journalist. Hannity didn't disclose the relationship with Cohen even as he's on the air ardently defended Cohen and Trump.
     
  8. andaronjim
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    andaronjim Gold Member

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    Nothing thanks to Mueller and the liberal fuckers.
     
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  9. rightwinger
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    rightwinger Award Winning USMB Paid Messageboard Poster Gold Supporting Member Supporting Member

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    Cohen says he has three clients and Hannity is one of them
     
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  10. BULLDOG
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    BULLDOG Diamond Member

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    If that's all there was to it, then why did Cohen have so much paperwork with Hannity's name on it? Why did he go to such effort to keep that name from being exposed? If all that paperwork agrees it was nothing but two guys sitting at a bar, that will be the end of it.
     
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