Professional Responsibility

Trial Publicity

  1. A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
  2. Notwithstanding paragraph (a), a lawyer may state:
    1. the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
    2. information contained in a public record;
    3. that an investigation of a matter is in progress;
    4. the scheduling or result of any step in litigation;
    5. a request for assistance in obtaining evidence and information necessary thereto;
    6. a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and
    7. in a criminal case, in addition to subparagraphs (1) through (6):
      1. the identity, residence, occupation and family status of the accused;
      2. if the accused has not been apprehended, information necessary to aid in apprehension of that person;
      3. the fact, time and place of arrest; and
      4. the identity of investigating and arresting officers or agencies and the length of the investigation.
  3. Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
  4. No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).