NCJ Number
167446
Journal
Illinois Bar Journal Volume: 84 Issue: 12 Dated: (December 1996) Pages: 614-621
Date Published
1996
Length
8 pages
Annotation
This article considers the ethical, constitutional, and practical parameters for attorneys in their use of the media, with attention to Illinois.
Abstract
Sometimes attorneys must talk to the press in the interest of effectively representing their clients. Illinois Rule 3.6 of the Model Rules of Professional Conduct does allow a fair amount of case publicity to be dispensed to the media through attorneys; for example, this rule and its American Bar Association counterpart provide that a lawyer can publicize a request for information and for assistance in obtaining evidence. When General Motors was investigating NBC's fraudulent report, it had a right to publicize that it was doing so and to ask the public for information to assist it. Another subsection of this same rule allows the lawyer to announce that "an investigation of the matter is in progress, including the general scope of the investigation, the offense, claim or defense involved, and, except when prohibited by (other) law, the identity of the persons involved." General Motors also held a press conference to announce the lawsuit. Both the American Bar Association and Illinois allow the attorney to announce the scheduling or result of any step in litigation, the general nature of the claim or defense, and any information contained in a public record. A lawyer may announce "the information contained in a public record." Once the attorney has filed a brief, a motion, or other pleading, it is in the public record. If the attorney has cross examined a witness, the witness' response is also in the public record. Even if cameras are not allowed in the courtroom, the attorney may relate what the judge said in open court. Cameras in the courts do not in themselves interfere with the proper administration of justice, but instead reveal any inappropriate behavior or decisions by the parties responsible for administering justice. Problems in the O.J. trial, for example, were not related to media coverage, but to the actions of the parties involved. 65 notes