MBE Rules · Professional Responsibility
Trial Publicity
Cal. Rule 3.6
The rule
A lawyer shall not make out-of-court statements with a substantial likelihood of materially prejudicing a proceeding; safe harbors cover public-record matters, and a right of reply exists to mitigate recent adverse publicity.
In plain English
Lawyers must be careful about what they say outside of court, as their statements shouldn't unfairly influence a legal case. They can discuss matters that are part of the public record, and if they face negative publicity, they have the right to respond to it.
Worked example
A lawyer gives a press conference discussing a high-profile murder case, revealing details that are not part of the public record and could sway public opinion against the defendant. This statement creates a substantial likelihood of materially prejudicing the case. As a result, the lawyer could face disciplinary action for violating the trial publicity rule.
Memory hook
Think before you speak: a lawyer's words can sway the scales of justice.
The trap
Exams may present scenarios where a lawyer's statements seem innocuous but actually risk prejudicing a case, leading students to misinterpret the severity of the violation.
How examiners test it
Questions often involve hypothetical situations where a lawyer makes public statements, testing the candidate's ability to identify potential prejudicial effects and exceptions to the rule.
Drill this rule until it can't fail you.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6