The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of the media coverage of the Blagojevich trial, and a proposed rule to guide defense lawyers' extrajudicial advocacy.
Leigh A. Krahenbuhl,
Advocacy in the Media: The Blagojevich Defense and a Reformulation of Rule 3.6,
61 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol61/iss1/4