Practice Quiz

Paralegal

Category - Ethics

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May a lawyer make a public statement while a trial is ongoing if the judge discharged a juror who made a public statement on Facebook® that was unfavorable to the lawyer’s client, and the press and public responded with opinions that threatened the fairness of the proceeding?
  1. Yes, because the publicity was not initiated by the lawyer or her client and threatened to prejudice the trial.
  2. Yes, because a lawyer may make reasonable public statements that will not prejudice the trial process.
  3. No, because lawyers are prohibited from making public comments regarding an ongoing proceeding.
  4. No, unless the judge first responds to the publicity and the publicity still threatens to prejudice the trial process.
Explanation
Answer: A - Yes, because the publicity was not initiated by the lawyer or her client and threatened to prejudice the trial. “[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.” Model Rule 3.6(c). Answer A is the correct choice because the Facebook® statement and trial publicity was not initiated by the lawyer and it threatened the fairness of the trial. Answer B is not the best choice because it is not a correct statement. Answer C is not the best choice because lawyers are not absolutely prohibited from making public comments. Answer D is not correct because the Model Rules do not require a statement by the judge before a lawyer’s public comment.
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