Ethics Question of the Week: What can I say to media during trial?

Q. I’m about to participate in a trial that may receive some publicity. Do any rules govern what I can and cannot say to the press?

A. IRPC 3.6 discusses trial publicity. It states that “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 would pose a serious and imminent threat to the fairness of an adjudicative proceeding in the matter.” There are some exceptions. A lawyer may state a claim, offense, or defense involved; in certain circumstances, the identity of people involved; information in a public record; and more. For a full list of what is allowed, see IRPC 3.6.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.