37 CFR 11.306: Trial publicity

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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11.306    Trial publicity.

  • (a) A practitioner who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the practitioner 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) of this section, a practitioner 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; and
    • (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) of this section, a practitioner may make a statement that a reasonable practitioner would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the practitioner or the practitioner'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 practitioner associated in a firm or government agency with a practitioner subject to paragraph (a) of this section shall make a statement prohibited by paragraph (a).
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]