July 01, 2017

Crises Small Firms May Face: Media Relations as an Ethical Duty

Dave Poston

This is the third in a series of three articles on crisis communications for small firms and sole practitioners.

Many lawyers—mistakenly—believe that their ethical duties as they relate to media relations begin and end with the ABA Model Rule of Professional Conduct 3.6(a): Trial Publicity:

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.

But it can’t be that simple, can it? Certainly not.

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