(Webcast) When Can Trial Lawyers Take Their Case to the Public? The Harvey Weinstein Case and Beyond

Monday, July 13, 2020 |2:00 pm – 3:30 pm



Program Chair & Moderator:
Joel Cohen
Stroock & Stroock & Lavan LLP

Daniel R. Alonso
Buckley LLP

Honorable Brian M. Cogan
United States District Judge, EDNY

Donna A. Rotunno
Law Offices of Rotunno & Giralamo


  • 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 Nonmembers

    Members 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.

  • 2:00pm – 2:10pm
    Welcome and introduction

    2:10pm – 2:30pm
    History and Development of Model Rule of Professional Conduct 3.6 from Sheppard v. Maxwell to present day

    2:30pm – 2:45pm
    Gentile v. State Bar of Nevada and constitutional limitations on Rule 3.6

    2:45pm – 3:15pm
    Discussion of People v. Harvey Weinstein and the Role of Judges in Policing Extrajudicial Statements by Lawyers

    3:15pm – 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, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org