As amended through June 26, 2024
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) 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):(i) The identity, residence, occupation and family status of the accused;(ii) If the accused has not been apprehended, information necessary to aid in apprehension of that person;(iii) The fact, time and place of arrest; and(iv) The identity of investigating and arresting officers or agencies and the length of the investigation.(c) Notwithstanding paragraph (a), 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. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by that paragraph.Added effective 5/1/2006.