F. Trial Publicity

Question 1

When is Lawyer allowed/NOT allowed to make out-of-court public statements?*

Answer 1

NOT allowed

• Lawyer reasonably should know statement will likely materially prejudice case!!!
• Discussing Party/Witness’ credibility/character!!!
• Examination performance/results
• Guilty plea possibility
• Confessions

Allowed
- Lawyer reasonably believes statement is required to protect Client from substantial undue prejudicial effect of recent publicity (NOT initiated by Lawyer/Client)!!!

Question 2

When is Lawyer allowed to publicly state ‘dry facts’ about case?*

Answer 2

• Info already in public record
• Claim + Defence
• Involved persons’ names
• Litigation steps’ scheduling/result
• Ongoing investigation acknowledgment
• Warning of danger (if appropriate)
• Routing booking info re criminal Defendant

Question 3

When is Prosecutor NOT allowed to make extrajudicial comments?*

Answer 3

Comments have substantial likelihood of heightening D’s public condemnation!!!