Ethics and Criminal Practice

When Prosecutors Treat Counsel Differently

, New York Law Journal

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In his Ethics and Criminal Practice column, Joel Cohen writes that although no defendant is entitled to "open file" discovery—where prosecutors completely open their case files to the defense attorney, wheat, chaff and all—some prosecutors, particularly if they trust the defense lawyer on the other side, actually do informally engage in it. But are there any ethical restrictions that frown the practice, which can result in disparate treatment to defendants (or their lawyers)?

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