I represent a client in a fairly high-profile criminal case. There has been some adverse publicity in the newspapers and on the internet about my client, which may be the results of leaks from the District Attorney’s Office, elsewhere or from origins not known. I want to respond to those leaks. Can I do so ethically?
Samuel C. Stretton.
Pretrial publicity is obviously of great concern to all participants in litigation. Everyone wants a fair trial, but if potential jurors are tainted by pretrial publicity, that can create problems. This kind of taint is hard to throw out. Jurors may not be as candid as they should in the voir dire process or, at times, jurors may not know or appreciate the taint until they are in jury deliberation and issues arise.
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