Monday, July 13, 2020 |2:00 pm – 3:30 pm
Program Chair & Moderator:
Joel Cohen
Stroock & Stroock & Lavan LLP
Speakers:
Daniel R. Alonso
Buckley LLP
Honorable Brian M. Cogan
United States District Judge, EDNY
Donna A. Rotunno
Law Offices of Rotunno & Giralamo
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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.
Program Fee:
$49 for Members | $99 for NonmembersMembers who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2018-2020), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
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2:00pm – 2:10pm
Welcome and introduction2:10pm – 2:30pm
History and Development of Model Rule of Professional Conduct 3.6 from Sheppard v. Maxwell to present day2:30pm – 2:45pm
Gentile v. State Bar of Nevada and constitutional limitations on Rule 3.62:45pm – 3:15pm
Discussion of People v. Harvey Weinstein and the Role of Judges in Policing Extrajudicial Statements by Lawyers3:15pm – 3:30pm
Questions & Answers -
New York: 1.5 Ethics
New Jersey: 1.5 Professional Responsibility
California: 1.5 Professional Responsibility
Pennsylvania: 1.0 Professional Responsibility
Connecticut: Available to Licensed Attorneys -
Sponsoring Association Committee:
Professional Responsibility, Wallace R. Larson, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org