Publicity in civil cases according to the Rules of Professional Conduct


Washington State RPC 3.6     TRIAL PUBLICITY

  (a)  A lawyer who is participating... in 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;

 (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 paragraph (a).

[last amended September 1, 2006.]

Photo:  view of some of the cords in a deposition