§ 11.306. Trial publicity.
251 words·~1 min read·
/us/cfr/t37/s§ 11.306·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A practitioner who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the practitioner 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)Notwithstanding paragraph
(a)of this section, a practitioner 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; and
(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.
(c)Notwithstanding paragraph
(a)of this section, a practitioner may make a statement that a reasonable practitioner would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the practitioner or the practitioner's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
(d)No practitioner associated in a firm or government agency with a practitioner subject to paragraph
(a)of this section shall make a statement prohibited by paragraph (a).