When Can Trial Lawyers Take Their Case to the Public?
The Harvey Weinstein Case and Beyond (OnDemand)
Originally held on Monday, July 13, 2020 | 2:00 pm - 3:30 pm
Program Fee:
$49 for Members | $99 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2020-2022), In-House/Corporate Counsel, Judges, and attorneys who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
CLE Credit:
New York: 1.5 Ethics
New Jersey: 1.5 Professional Responsibility
California: 1.0 Professional Responsibility
Pennsylvania: 1.0 Professional Responsibility
Connecticut: Available to Licensed Attorneys
Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
Description:
When Can Trial Lawyers Take Their Case to the Public?
The Harvey Weinstein criminal case was notable as the culmination of the
“#MeToo” movement’s quest to hold powerful men accountable for their
criminal misconduct. Weinstein’s lead defense lawyer, Donna Rotunno, was
an aggressive advocate on behalf of Weinstein, both in the courtroom
and, particularly here, in the public eye.
This program will examine Rule 3.6 of the Rules of Professional Conduct,
the trial publicity rule, concentrating on the Weinstein case and other
high profile cases. That rule restricts the kinds of extrajudicial
statements lawyers involved in a case are allowed to make. In
particular, the panel will discuss its views about the rule’s
applicability to a lawyer’s actions, and in particular on when a
lawyer’s statements fit the “safe harbor” provision of Rule 3.6(d),
allowing extrajudicial statements that lawyers believe are necessary to
protect client’s from significant adverse publicity. The panel will also
cover the tension between Rule 3.6 and the Supreme Court’s decision in Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991), as well as the role of trial judges in policing lawyers’ speech outside the courtroom.
Click Here to View Program Agenda & Faculty
Program Chair & Moderator:
Joel Cohen, Stroock & Stroock & Lavan LLP
Program Speakers:
Daniel R. Alonso, Buckley LLP
Honorable Brian M. Cogan, United States District Judge, EDNY
Donna A. Rotunno, Law Offices of Rotunno & Giralamo
Sponsoring Association Committee:
Professional Responsibility, Wallace R. Larson, Chair