Formal Opinion 113
(1962)
Writing Letter to Newspaper

Our opinion has been requested as to the propriety of an attorney who represents one of the parties to a law suit writing a letter to the editor in a newspaper published in the community in which he resides in which the attorney sets forth the details of the pending litigation, the result thereof, the fact that an appeal was taken from such decision by the attorneys representing the parties opposing the writer, the costs of the appeal to the public and the fact that if the case were affirmed, the taxpayers "would easily be stuck for a total of $x " on the case "all of which would be money poured down the drain," to the detriment of the taxpayers; also, that there was another appeal pending which could be a repeat performance of the case discussed.

The Committee is of the opinion that this letter by the attorney directly discussing various aspects of this case violates Canon 20 which reads as follows:

"Newspaper publications by a lawyer as to pending or anticipated litigation may interfere with a fair trial in the courts and otherwise prejudice the due administration of justice. Generally they are to be condemned. If the extreme circumstances of a particular case justify a statement to the public it is unprofessional to make it anonymously. An ex parte reference to the facts should not go beyond quotation from the records and papers on file in the court; but even in extreme cases it is better to avoid an ex parte statement."

It is the opinion of the Committee that the letter of the attorney to the editor of a local newspaper contained language which was calculated to agitate and inflame public opinion concerning matters before the court for adjudication and for that reason the action must be condemned as violating Canon 20.

[See RPC 3.6]