Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A lawyer is representing a high-profile client in a civil lawsuit. Before the trial begins, a national news reporter contacts the lawyer, requesting an exclusive interview to discuss the details of the case, the lawyer's strategy, and their opinion on the client's chances of success. The lawyer believes a favorable media portrayal could significantly influence public opinion. What is the lawyer's ethical obligation regarding this request?
- AThe lawyer must decline to discuss the case details, strategy, or opinions on success, as such statements could prejudice the adjudication.
- BThe lawyer may grant the interview and discuss the case freely, as long as no confidential client information is revealed.
- CThe lawyer should seek the client's permission to conduct the interview, and if granted, proceed cautiously.
- DThe lawyer may provide background information and publicly available facts, but must avoid expressing opinions on guilt or innocence.
Show answer & explanationAnswer & explanation
Correct answer: A. The lawyer must decline to discuss the case details, strategy, or opinions on success, as such statements could prejudice the adjudication.
A lawyer participating in a case must not make an extrajudicial statement that the lawyer 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.
Why the other options are wrong
- B. Discussing strategy, case details, and chances of success carries a substantial likelihood of prejudicing the proceeding, regardless of confidentiality.
- C. Client permission does not override the lawyer's ethical duty to avoid prejudicing the proceeding through extrajudicial statements.
- D. While providing background facts is generally permissible, discussing case details and strategy, even without expressing guilt/innocence, could still prejudice the proceeding.
Trial Publicity Rule (Prejudice)
A lawyer participating in a case shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
- Prohibits statements likely to prejudice a proceeding.
- Covers details, strategy, and opinions on outcome.
- Applies to public communication, including interviews.
Memory trick: Silence the Scales, Let Justice Speak.