Hannity explicitly stated that he was never represented by nor had he ever retained Cohen. He bent over backwards to deny the relationship, claiming nothing more than a few harmless chit-chats over real estate.
…Although he later clarified his comments to suggest that he expected that some of his conversations with Cohen would be confidential, his earlier denial that a relationship ever existed renders that expectation unpersuasive. It is gratuitous doublespeak.
Hannity’s denial fatally undermined any credible claim by Cohen that their communications were protected from disclosure by the attorney client privilege. The privilege extends to only those private conversations that take place within an established attorney-client relationship, and even then, those conversations must specifically pertain to legal advice. The privilege does not extend to conversations simply because one of its participants happens to be an attorney.
…Even if Cohen wanted to disclose the discussions, he would only be allowed to do so if Hannity agreed to it.
But in this case, Hannity isn’t asserting the privilege, so Cohen lacks any basis not to disclose the information or to prevent the government from looking at any communications between himself and Hannity.