R 3.6 - Trial Publicity

Question 1

What kind of statements shall an attorney not make to public communications?

Answer 1

An attorney shall not an extrajudicial statement that the attorney knows or reasonably should know will be disbursed through public communication and will have substantial likelihood of material prejudicing an adjudicative proceeding in a matter.

Question 2

What kind of statements may an attorney make to public communications?

Answer 2

The cause of actions, the criminal charges, defenses, and unless prohibited by law, the identity of the person involved.
Information that is readily available in public records.
That an investigation is still in progress.
The scheduling or result of any step in the litigation.
A request for assistance in obtaining evidence and information necessary thereto.
A warning of danger concerning the behavior of a person involved, where the is a reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.
In criminal matter, almost any information of the defendant is fair game.

Question 3

May an attorney make a public statement to mitigate what has already been said that was not said by the attorney?

Answer 3

Yes.

Question 4

An attorney knows that a key piece of evidence favorable to his client is likely to be excluded. He reveals details about this evidence to a reporter from a local television station. Is the attorney subject to discipline?

Answer 4

Yes, because an attorney should not reveal information likely to be excluded at trial.