RPC RULE 3.6
                            TRIAL PUBLICITY

  (a) A lawyer who is participating or has participated in the
investigation or litigation of a matter shall 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 in the matter.

  (b) Notwithstanding paragraph (a), a lawyer 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;

     (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; and

     (7) in a criminal case, in addition to subparagraphs (1) through (6):

       (i) the identity, residence, occupation and family status of the accused;

       (ii) if the accused has not been apprehended, information
necessary to aid in apprehension of the person;

       (iii) the fact, time and place of arrest; and

       (iv) the identity of investigating and arresting officers or
agencies and the length of the investigation.

  (c) Notwithstanding paragraph (a), a lawyer may make a statement that a
reasonable lawyer would believe is required to protect a client from the
substantial undue prejudicial effect of recent publicity not initiated by
the lawyer or the lawyer'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 lawyer associated in a firm or government agency with a lawyer
subject to paragraph (a) shall make a statement prohibited by paragraph (a).

Comment

  [1] It is difficult to strike a balance between protecting the right to
a fair trial and safeguarding the right of free expression. Preserving
the right to a fair trial necessarily entails some curtailment of the
information that may be disseminated about a party prior to trial,
particularly where trial by jury is involved. If there were no such
limits, the result would be the practical nullification of the protective
effect of the rules of forensic decorum and the exclusionary rules of
evidence. On the other hand, there are vital social interests served by
the free dissemination of information about events having legal
consequences and about legal proceedings themselves. The public has a
right to know about threats to its safety and measures aimed at assuring
its security. It also has a legitimate interest in the conduct of
judicial proceedings, particularly in matters of general public concern.
Furthermore, the subject matter of legal proceedings is often of direct
significance in debate and deliberation over questions of public policy.

  [2] Special rules of confidentiality may validly govern proceedings in
juvenile, domestic relations and mental disability proceedings, and
perhaps other types of litigation. Rule 3.4(c) requires compliance with
such rules.

  [3] The Rule sets forth a basic general prohibition against a lawyer's
making statements that the lawyer knows or should know will have a
substantial likelihood of materially prejudicing an adjudicative
proceeding. Recognizing that the public value of informed commentary is
great and the likelihood of prejudice to a proceeding by the commentary
of a lawyer who is not involved in the proceeding is small, the Rule
applies only to lawyers who are, or who have been involved in the
investigation or litigation of a case, and their associates.

  [4] Paragraph (b) identifies specific matters about which a lawyer's
statements would not ordinarily be considered to present a substantial
likelihood of material prejudice, and should not in any event be
considered prohibited by the general prohibition of paragraph (a).
Paragraph (b) is not intended to be an exhaustive listing of the subjects
upon which a lawyer may make a statement, but statements on other matters
may be subject to paragraph (a).

  [5] There are, on the other hand, certain subjects that are more likely
than not to have a material prejudicial effect on a proceeding,
particularly when they refer to a civil matter triable to a jury, a
criminal matter, or any other proceeding that could result in
incarceration. These subjects relate to:

     (1) the character, credibility, reputation or criminal record of a
party, suspect in a criminal investigation or witness, or the identity of
a witness, or the expected testimony of a party or witness;

     (2) in a criminal case or proceeding that could result in
incarceration, the possibility of a plea of guilty to the offense or the
existence or contents of any confession, admission, or statement given by
a defendant or suspect or that person's refusal or failure to make a
statement;

     (3) the performance or results of any examination or test or the
refusal or failure of a person to submit to an examination or test, or
the identity or nature of physical evidence expected to be presented;

     (4) any opinion as to the guilt or innocence of a defendant or
suspect in a criminal case or proceeding that could result in
incarceration;

     (5) information that the lawyer knows or reasonably should know is
likely to be inadmissible as evidence in a trial and that would, if
disclosed, create a substantial risk of prejudicing an impartial trial;

or

     (6) the fact that a defendant has been charged with a crime, unless
there is included therein a statement explaining that the charge is
merely an accusation and that the defendant is presumed innocent until
and unless proven guilty.

  [6] Another relevant factor in determining prejudice is the nature of
the proceeding involved. Criminal jury trials will be most sensitive to
extrajudicial speech. Civil trials may be less sensitive. Non-jury
hearings and arbitration proceedings may be even less affected. The Rule
will still place limitations on prejudicial comments in these cases, but
the likelihood of prejudice may be different depending on the type of proceeding.

  [7] Finally, extrajudicial statements that might otherwise raise a
question under this Rule may be permissible when they are made in
response to statements made publicly by another party, another party's
lawyer, or third persons, where a reasonable lawyer would believe a
public response is required in order to avoid prejudice to the lawyer's
client. When prejudicial statements have been publicly made by others,
responsive statements may have the salutary effect of lessening any
resulting adverse impact on the adjudicative proceeding. Such responsive
statements should be limited to contain only such information as is
necessary to mitigate undue prejudice created by the statements made by others.

  [8] See Rule 3.8(f) for additional duties of prosecutors in connection
with extrajudicial statements about criminal proceedings.

Additional Washington Comment (9)

  [9] For additional guidance in applying this Rule, see the Guidelines
for Applying Rule 3.6, reproduced in the Appendix to the Rules of
Professional Conduct.


[Amended effective September 1, 2006.]