Q.  Although I’m not involved in it in any way, a local news media outlet wants to interview me on air about a very contentious case in my community. Can I?

A.  RPC 3.6(a) provides that lawyers involved in a case can’t make extrajudicial statements about it that would pose a serious and imminent threat to the fairness of the proceeding (with some exceptions). Comment [3] to the Rule, however, notes: “[R]ecognizing 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 proceedings 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.” 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]