Litigation Responsibilities Flashcards
1
Q
Trial Publicity:
What CAN’T a lawyer say?
A
No statement may be made by a lawyer that a REASONABLE lawyer would expect to be disseminated if the lawyer KNOWS or REASONABLY SHOULD KNOW will have a substantial likelihood of materially prejudicing a proceeding.
Examples:
- character, reputation or criminal record of party
- ID of witness or expected testimony
- possibility of a guilty plea, existence of a confession, and opinion as to guilt or innocence of defendant or suspect
- info lawyer knows or should know will be inadmissible
- fact that D is charged w/ crime UNLESS stating it as merely an accusation and that the D is presumed innocent
2
Q
Trial Publicity:
What MAY a lawyer ordinarily state, without elaboration?
A
- dry facts a/b the case
- a warning of danger where there is a reason to believe of a likelihood of substantial harm to a person or public interest
- info necessary to aid in apprehension of accused in a criminal case
3
Q
Trial Publicity:
Right of Reply
A
- lawyer may make a statement to the extent necessary to protect a client from substantial prejudicial effect of recent publicity not initiated by the lawyer or client
- if one lawyer crosses the line, another party’s lawyer can make a statement to mitigated the effect of the first lawyer’s prohibited statement
