RULE 3.6. TRIAL PUBLICITY.

(a)  A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer 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. A statement referred to in this paragraph ordinarily is likely to have such an effect when it refers to a civil matter triable to a jury, a criminal matter, or any other proceeding that could result in incarceration, and the statement relates to: 
    (1)  the character, credibility, reputation or criminal record of a party, suspect in a criminal investigation or witness, or the identity of a witness, or the expected testimony of a party or witness; 
    (2)  in a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect or that person's refusal or failure to make a statement; 
    (3)  the performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented; 
    (4)  any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; 
    (5)  information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would if disclosed create a substantial risk of prejudicing an impartial trial; or 
    (6)  the fact that a defendant has been charged with a crime, unless there is included therein a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty. 
    (b)  Notwithstanding paragraph (a) and its sub-paragraphs, a lawyer may state: 
    (1)  the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved; 
    (2)  the information contained in a public record; 
    (3)  that an investigation of the 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; 
    (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; and 
    (7)  in a criminal case, in addition to subparagraphs (1) through (6): 
      (i)  the identity, residence, occupation and family status of the accused; 
      (ii)  if the accused has not been apprehended, information necessary to aid in apprehension of that person; 
      (iii)  the fact, time and place of arrest; and 
      (iv)  the identity of investigating and arresting officers or agencies and the length of the investigation. 
    (c)  Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer'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 lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).