The North Carolina Bar released Proposed 2019 Formal Ethics Opinion 3 in January, addressing questions relating to intimate relationships between opposing counsel. The question presented is whether it is permissible for a prosecutor and a criminal defense attorney to engage in a romantic relationship while serving as opposing counsel in multiple cases, and whether the attorneys are obligated to disclose this relationship. Due to concerns regarding actual or potential conflicts of interest, the Bar opines that it is permissible only under certain limited circumstances. The North Carolina Rules of Professional Conduct North Carolina attorneys are governed by the North Carolina Rules of Professional Conduct. As a basis for the proposed…
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What You Need to Know about Attorney-Client Privilege and Michael Cohen
Dominating news headlines this week is the revelation of Michael Cohen’s third mystery client. President Donald Trump’s personal attorney’s home, hotel, and office were raided pursuant to a search warrant and his files were seized by the Federal Bureau of Investigation. In a hearing on Monday, a federal judge ruled that Cohen, could review the materials that the FBI seized, but did not rule on how prosecutors could use the evidence. Michael Cohen is currently under investigation by prosecutors “for criminal conduct that largely centers on his personal business dealings.” Ten boxes of paper files were confiscated along with computer hard drives and other electronic data storage devices. On…