Pretrial Publicity: Do Attorneys Have Anything to Fear after the Microphone Is Turned Off

No Thumbnail Available
Authors
Riedmann-Weis, Francie C.
Issue Date
1992
Type
Journal Article
Language
Keywords
Research Projects
Organizational Units
Journal Issue
Alternative Title
Abstract
INTRODUCTION|The American Bar Association ("ABA") has adopted the ABA Model Rules of Professional Conduct as the suggested governing rules for attorney ethics. According to ABA Model Rule of Professional Conduct 3.6 ("MR 3.6"), an attorney cannot make publicly disseminated extrajudicial statements "if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding." A majority of states have adopted a standard similar to that expressed in MR 3.6 in an attempt to regulate an attorney's out-of-court statements. Most of the remaining states have retained a standard similar to that contained in Disciplinary Rule 7-107 ("DR 7-107"), the ABA predecessor to MR 3.6.4 According to DR 7-107, an attorney is prohibited from disseminating statements that are "reasonably likely" to prejudice a proceeding...
Description
Citation
25 Creighton L. Rev. 1215 (1991-1992)
Publisher
Creighton University School of Law
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
EISSN