Inspired by, but not only about, the seizure of Michael Cohen’s files.
When Cohen’s material was seized, a process was put into place to insure that nothing was given to the prosecutors that would violate attorney - client privilege. Among those items deemed confident, and there for not shared, was at least one audio tape. Recently, it has been reported that at least one of those tapes contains a conversation between Cohen and Trump concerning a potentially embarrassing if not illegal action. Rudolph Giuliani, Trump’s lawyer, has confirmed that the conversation involved payments to an alleged former mistress of Trump’s.
Now the question is, how did the New York times get that information, in order to release it? One speculation is that Trump’s team released it, so that Cohen couldn’t use the content as part of a plea bargain.
So, could an attorney (Cohen in this case), use a recording (or email or file) that is subject to client-attorney confidentiality, as part of a plea bargain? Can an attorney break confidentiality in order to same themselves? Can confidentiality be given away by the attorney, without the clients approval?
How about the reverse? Could a client release information like that, without the attorney’s approval?
Does the protection require both parties to agree to the release, or just one? And if one, which party can do it?