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May a Lawyer Make a Public Statement While a Trial

Question 123

Multiple Choice

May a lawyer make a public statement while a trial is ongoing if the judge discharged a juror who made a public statement on Facebook® that was unfavorable to the lawyer's client, and the press and public responded with opinions that threatened the fairness of the proceeding?


A) Yes, because the publicity was not initiated by the lawyer or her client and threatened to prejudice the trial.
B) Yes, because a lawyer may make reasonable public statements that will not prejudice the trial process.
C) No, because lawyers are prohibited from making public comments regarding an ongoing proceeding.
D) No, unless the judge first responds to the publicity and the publicity still threatens to prejudice the trial process.

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