37 CFR §11.306
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)A practitioner who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the practitioner knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
- (b)Notwithstanding paragraph (a) of this section, a practitioner may state:
- (1)The claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
- (2)Information contained in a public record;
- (3)That an investigation of a matter is in progress;
- (4)The scheduling or result of any step in litigation;
- (5)A request for assistance in obtaining evidence and information necessary thereto; and
- (6)A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.
- (c)Notwithstanding paragraph (a) of this section, a practitioner may make a statement that a reasonable practitioner would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the practitioner or the practitioner's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
- (d)No practitioner associated in a firm or government agency with a practitioner subject to paragraph (a) of this section shall make a statement prohibited by paragraph (a).