Also known as: ABA Rule 3.6 · trial publicity rule
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct that prohibits a lawyer participating in litigation from making an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
Mark Reynolds represented VistaStream in a defamation suit brought by journalist Laura Singh. While the case awaited trial before a local jury, Reynolds appeared on a rival channel and called Singh a proven fabricator whose reporting had sent an innocent man to prison. The segment aired repeatedly in the trial jurisdiction and relied on facts never adjudicated in any public ruling.
A prosecutor handling a criminal case held a press conference and described the accused's alleged training of subordinates to destroy records. The statements went beyond identifying the charges and had a substantial likelihood of increasing public condemnation of the accused before trial.
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The rule bars extrajudicial statements that a lawyer knows or reasonably should know will be publicly disseminated and carry a substantial likelihood of materially prejudicing an adjudicative proceeding.
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Yes. Lawyers may state information contained in a public record even when the case remains pending, provided the statement does not add new prejudicial facts or characterizations outside the filed materials.
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A statement creates the prohibited risk when it reaches potential jurors, introduces unproven accusations of criminal conduct or dishonesty, and occurs close enough to trial that the information is likely to taint the jury pool.
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No. The prohibition governs both civil and criminal litigation whenever a lawyer participating in the matter makes an extrajudicial statement likely to prejudice the proceeding.
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