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Michael Avenatti came out after the hearing in Judge Otero's court -- the stay Cohen and Trump applied for in the Daniels's case and said that Judge Otero would issue a decision soon but the judge also said that there were holes in Cohen's application--
Cohen said he needed a stay because the FBI had confiscated his files and he didn't have access to necessary information
That is the legal version of "the dog ate my homework" kids use when they haven't done their homework...
Avenatti said that the FBI agents only "imaged" Cohen's electronics--didn't confiscate them. So Cohen should have his evidence/information available...
I would think that any decent attorney would have pretty much everying "in the cloud" so that it was available from various locations as needed--vs only physical copies...
Consider the damage that could be done to legal documents if there was a fire in an attorney's office and even if no damage from flames could have water damage to paper files...
How lame was Cohen's pleading in your opinion---cause it seems pretty lame to me...
I looked up the lawyer Cohen used in this case --Brent Blakely, Pepperdine Law School--
pretty selective--was Naval JAG I think from some info on line--
This is his link
Note the header w/links---one says CLIENTS--some lawyers just make it too easy to determine who their clients are...
And it is difficult to tell how much of Cohen's "missteps" are deliberate, how many might be lazy, or just not smart
The fact that the attorney claimed Cohen would have to plead the 5th because of the pending criminal case might just be normal strategy, delaying tactic--
But Judge Otero certainly called him on it...
Michael Avenatti came out after the hearing in Judge Otero's court -- the stay Cohen and Trump applied for in the Daniels's case and said that Judge Otero would issue a decision soon but the judge also said that there were holes in Cohen's application--
Cohen said he needed a stay because the FBI had confiscated his files and he didn't have access to necessary information
That is the legal version of "the dog ate my homework" kids use when they haven't done their homework...
Avenatti said that the FBI agents only "imaged" Cohen's electronics--didn't confiscate them. So Cohen should have his evidence/information available...
I would think that any decent attorney would have pretty much everying "in the cloud" so that it was available from various locations as needed--vs only physical copies...
Consider the damage that could be done to legal documents if there was a fire in an attorney's office and even if no damage from flames could have water damage to paper files...
How lame was Cohen's pleading in your opinion---cause it seems pretty lame to me...
And that is where YOU would be mistaken.
The legal profession is one of the slowest moving verticals in the journey to the cloud. They have dragged their feet on every innovation. They are collectively WAY behind the rest of the private sector, maybe even behind the government...if such a thing is even possible.
Anyway, nobody knows what the FBI might have damaged in their raid. If it is true that all they did was copy the files and then return the devices, they could have corrupted his data, leaving much of the information he needs unusable.
I don't know about that
There is a fiduciary responsibility to protect documents related to clients' cases and dealings
The attorney we used to draw up our wills kept copies
He better not lose them or have them damaged in case WE need them
Our CPA firm has copies of all our tax filings and other documentation we submitted for them--at least for the required 7 yr's--and likely longer than that
Companies rent space in places like Iron Mountain to store documentation
Maybe Cohen doesn't save his stuff in the cloud but if he is going to pretend to be an attorney, he should pretend to have his s--- together as well...
I read the NYTimes article about Cohen--the one suggesting he is likely to roll on Trump--
Some of the commentators on MSNBC said that the piece could have been planted to let Trump know (if he didn't already) that Cohen has reasons to save himself and not Trump.
Made Cohen seem nice--very likeable--since he was portrayed as very solicitous of Trump who treated Cohen as a general dog's boy. Cohen even went so far as to create some sort of muti-race, ethnic council --using his contacts--for Trump during the campaign because of the heat Trump took for decades of racial comments/actions...he raised over half million dollars in a few hours for Mitt Romney's campaign and gave credit to Trump...
He came across as nicer and smarter with people--better social skills- than I imagined
I found myself feeling sorry for Cohen--until I remembered the "other" Michael Cohen--
The Michael Cohen with all his ties to the Russian mob, his profanity and threats to anyone he wanted to bully, and of course, his questionable history as a "fixer" for Trump...
It was a very strategic piece...
But it didn't really mention anything suggesting Cohen was a good attorney...
The legal profession is one of the slowest moving verticals in the journey to the cloud. They have dragged their feet on every innovation. They are collectively WAY behind the rest of the private sector, maybe even behind the government...if such a thing is even possible.
Anyway, nobody knows what the FBI might have damaged in their raid. If it is true that all they did was copy the files and then return the devices, they could have corrupted his data, leaving much of the information he needs unusable.
This blog is by writer with some government background (not attorney which I thought originally) who with some insight into the Cohen case @SDNY
She points out some mistakes that Cohen/his attorneys made when they attempted to protect his files from search warrant under attorney-client priviledge
Technical but included some specific language to illustrate the complexity of the issues that must be made plain when attorneys become suspects...
The writer also explains how it was a mistake for Cohen to try to claim this was part of the Mueller investigation...
I haven't finished it--just found it--but has other articles about faceted aspects of the controversy
Last edited by loves2read; 04-20-2018 at 09:48 PM..
Reason: Corrections
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