---
kind: "section"
citation: "37 C.F.R. § 11.306"
title: "37"
number: "11.306"
heading: "Trial publicity."
url: "https://uscodex.org/cfr/37/11.306"
---

# §11.306. Trial publicity.

- (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)](#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)](#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)](#a) of this section shall make a statement prohibited by [paragraph (a)](#a).

## Notes

### Source

Source: 78 FR 20201, Apr. 3, 2013, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.

### Source

Source: 69 FR 35452, June 24, 2004, unless otherwise noted.