Did Hannity Reasonably ‘Expect’ Confidentiality from Michael Cohen?


Adjunct Professor Joel Cohen co-authored an op-ed for Law & Crime about Fox News host Sean Hannity’s possible ties to President Trump’s personal lawyer Michael Cohen.

Assuming he is telling the truth in the current Cohen/Trump/Hannity affair, Sean Hannity has presented an issue that many people have dealt with at one point in his or her life: the belief – the firm belief – that they have had a conversation with a lawyer that they believed was, or intended to be, confidential or, technically speaking, privileged.

Simply because the person on the other end of the conversation was a lawyer, the (free) advice seeker came to believe that the lawyer became obliged to keep what he heard to himself forever, unless the other somehow waives the privilege.

[M]ichael Cohen actually told the federal court, in response to the judge’s direction that he do so, that Sean Hannity was one of his three clients. Hannity, however, has resisted the claim.

Read full op-ed.


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