- Michael Cohen's lawyers averred in court that Sean Hannity is one of Michael Cohen's clients.
- Sean Hannity asserts that he was not at all Cohen's client.
Michael Cohen has never represented me in any matter. I never retained him, received an invoice, or paid legal fees. I have occasionally had brief discussions with him about legal questions about which I wanted his input and perspective.
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Sean Hannity
Hannity: Cohen has never represented me - CNN Video
What is attorney-client privilege?
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.