From Houston trial lawyer Rusty Hardin, who spoke at the TCDLA/HCCLA
Dealing With the Media seminar last week, three rules for dealing with the media when talking to them won't help your client:
1. Return their calls.
2. Tell them the truth.
3. Tell them why you can't talk to them.
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An ethics complaint against the Duke false rape case prosecutor,Mike Nifong, alleges his comments violated state ethics rules barring statements that "have a substantial likelihood of heightening public condemnation of the accused." Nifong, the complaint adds, should have known that his media statements "had a substantial likelihood of prejudicing the criminal adjudicative proceeding." Comments to the media by either the prosecutor or defense can result in a disciplinary proceeding. There is also the danger of being "baited" by the media into making an inappropriate comment --- something used to disqualify the defense lawyer or prosecutor. Cases should be tried in the court room and not the media.
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