Advocate
Questions and Comments
1.The attorney discussed evidence and his own opinion regarding the client in the midst of the ongoing trial. Are attorneys ever allowed to comment on a case they are involved in? If so, under what circumstances is it permissible to do so and how much can one say? See Model Rule 3.6. What practical reasons are there for limiting an attorney’s ability to publicly comment on her own case?
2.Why, specifically, were the attorney’s public comments and opinions on the ongoing case inappropriate? The rules explicitly list instances in which an attorney can make comments about their own case. Could the attorney in In re Litz possibly make an argument that his comments were appropriate in light of that exact factual scenario?
3.The sanction imposed in In re Litz was a public reprimand. Do you think this is an adequate punishment for the attorney’s conduct? Do you think the court appropriately considered the mitigating factors?