CBA Record April-May 2019


written in a filed motion can be repeated in the press. Furthermore, the Rule allows you to respond to any publicity not initi- ated by you. So, when a prosecutor or police chief holds a press conference after your client’s arrest, you have the right to respond. When news outlets are reporting stories about your client, you have the right to respond. The Rule is broad, and, if your media message is controlled and succinct, you should have no hesitation about stepping in front of a camera and responding to a reporter’s question. In sum, make your media message suc- cinct, repeat it often, skillfully time your message, and know Rule 3.6. The result will be a forceful, convincing comment to the public through the press. And above all else…sit up straight. Julie Koehler has been an Assistant Public Defender in Cook County for the past 25 years. She is a member of the Homicide Task Force.

enough power to stop a millennial juror from scrolling through Twitter. If you are not allowed to summarize the day’s testi- mony, while always circling back to your scripted message, designate a member of your client’s support group to speak to the press. For former Police Officer Jason Van Dyke, members of his police union, family, and church gave daily press conferences to restate their media message again and again. Finally, Illinois Rule of Professional Conduct 3.6 deals with Trial Publicity. It starts with a paragraph prohibiting any extrajudicial statement a lawyer knows would pose a serious threat to the fairness of a proceeding. Then the Rule gives several exceptions to that prohibition. Know this Rule to solidify your knowledge that the statements you are making fit within an exception. The moment you start using the press to your advantage, opposing parties start making uneducated accusations. Rule 3.6 allows you to state in the press everything contained in the public record. Any statement you have made in court or

PRACTICE AREA UPDATES The CBA is pleased to partner with CBA News- stand by Lexology, a daily email that provides valuable and free practical know how.Learn more at working family man, has been caught up in this case by witnesses who are covering for the real perpetrator. This young man’s confession is a result of hours of lies and coercion inflicted upon him by detectives who were under pressure to solve the case. After listening to all the evidence, the jury will agree my client is innocent.” During trial, judges often impose gag orders on lawyers, which is ironic since this is exactly when jurors are repeatedly told not to view any media reports regard- ing the case. But, in this age of technol- ogy, that admonishment is useless. News flashes on phones, headlines splash across the Google home page, and no judge has

YLS Estate Planning Pro Bono Programs–Volunteers Needed

The Public Outreach Committee of the YLS coordinates estate planning pro bono programs for lawyers, law students, and non-lawyer volunteers to serve the community. Estate planning experience is not required, but welcomed. Training is available. Upcoming opportunities include: Wills for Heroes Monthly workshops at which volunteers create free wills, living wills, and other estate planning documents for local emergency first responders and their spouses or partners. Save-the-date for upcoming workshops on March 23, May 4, and June 1. Serving Our Seniors Advanced directive workshops in conjunction with the Center for Disability and Elder Law to assist low-income seniors in completing Powers of Attorney for Healthcare and Property and LivingWills. Save-the-date for upcoming workshop on April 20.. Visit and search under "YLS Volunteer Programs" for more information and to RSVP for upcoming workshops.

42 APRIL/MAY 2019

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