I guess that should be “another unethical lawyer,” since Trump’s disbarred fixer was previously represented by Lanny Davis, who previously spun for the Clintons.
This, however, is funny: Cohen’s current lawyer, in arguing to a judge that court supervision of his client should be terminated now thatCohen is out of prison, included three imaginary cases in his filing last month.
“As far as the court can tell,” Manhattan federal judge Jesse M. Furman, wrote yesterday, “none of these cases exist.”
Given that Cohen is Cohen and among the most unethical people with a law degree in the country, suspicion immediately was sparked that he was behind his lawyer’s fantasies. But this is the era of nascent SkyNet, and unwitting lawyers and paralegals have already been caught using chatbots for legal research, to their sorrow. Last June, for example, a federal judge fined two lawyers $5,000 for putting their names on a legal brief containing made-up cases and citations concocted by aspiring lawyer ChatGPT. The fines were widely derided as insufficient, but judges traditionally are sympathetic when lawyers misuse technology that the judges don’t understand….at least the first time around.
So maybe Cohen’s lawyer was fooled by a bot. Another possibility is that Cohen’s lawyer, Cohen-like, just cheated. I have been told by many litigators over the years that they routinely find fake cases in their adversaries’ briefs, memos and motions.
Furman has ordered Cohen’s attorney to provide copies of the three mystery decisions within a week, or provide a sworn declaration explaining “how the motion came to cite cases that do not exist and what role, if any, Mr. Cohen played in drafting or reviewing the motion before it was filed.”
Given the client, this story is as perfect a candidate for a Nelson as I could imagine.
