The attorney representing a porn star in a lawsuit against President Donald Trump may have to testify in court about how he obtained financial records of Trump lawyer Michael Cohen. Attorney Michael Avenatti obtained the records from a whistleblower in law enforcement and published them. (Legal Insurrection, May 19, 2018, by William A. Jacobson)
Avenatti appears to be on shaky legal grounds in arguing he does not have to reveal his source based on the attorney work-product doctrine. The doctrine pertains to the need for attorneys to keep secret the identities of witnesses before going to court to safeguard the integrity of trial strategy, but in the case of a document obtained illegally, there would be no threat to strategy. Notwithstanding that Avenatti is providing a public service in revealing Cohen’s financial dealings, the leak of the documents could interfere with ongoing the Special Counsel Robert Mueller’s investigations of Cohen’s conduct. (SLATE, May 18, 2018, by David R. Lurie)