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Rule 3.6: Trial Publicity

ABA RULE 3.6 


Adopted, Effective Jan. 1, 2008

ADVOCATE
Rule 3.6 Trial Publicity

(a) 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.

(b) A statement referred to in paragraph (a) will more likely than not have such an effect when it refers to a civil matter triable to a jury, a criminal matter, or any other proceeding that could result in incarceration, and the statement relates to: 

    (1) the character, credibility, reputation or criminal record of a party, suspect in a criminal investigation or witness, or the identity of a witness, or the expected testimony of a party or witness; 

    (2) in a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect or that person's refusal or failure to make a statement; 

    (3) the performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented; 

    (4) any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; or 

    (5) information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would if disclosed create a substantial risk of prejudicing an impartial trial.

(c) 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):

        a.  the identity, residence, occupation and family status of the victim and the accused;

        b.  if the accused has not been apprehended, information necessary to aid in apprehension of that person;

        c.  the fact, time and place of arrest; and

        d. the identity of investigating and arresting officers or agencies and the length of the investigation.

(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).


ABA RULE 3.6 

 

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