One of the questions we hear most often is:
“Why are you talking about this case but not that one?”
The answer isn’t politics, favoritism, or a lack of interest.
It’s ethics.
Many people assume attorneys can freely discuss every lawsuit, criminal case, or investigation on social media, television, podcasts, or in interviews. In reality, Oklahoma lawyers are bound by professional ethics rules that often require them to remain silent, even when they have information the public wants to hear.
Understanding why an attorney can’t always comment on an active case helps explain how our legal system protects fairness for everyone involved.
Every licensed attorney in Oklahoma is required to follow the Oklahoma Rules of Professional Conduct, which govern how lawyers represent clients, communicate with the public, protect confidential information, and conduct themselves during litigation.
You can review the complete rules here:
Oklahoma Rules of Professional Conduct
https://oklahoma.gov/occ/rules/statutes.html
One of the most important rules regarding public comments is Rule 3.6, Trial Publicity.
Rule 3.6 prohibits attorneys from making certain public statements when they know, or reasonably should know, those statements could have a materially prejudicial effect on a pending legal proceeding.
Read Rule 3.6 here:
Rule 3.6 – Trial Publicity
https://govt.westlaw.com/okjc/Document/NDFF9C970C68911DB8F04FB3E68C8F4C5
These rules are not designed to protect lawyers from criticism. They exist to protect the integrity of the justice system and ensure every person receives a fair trial based on evidence presented in court.
When a lawyer comments publicly about an active case, those statements can reach far more people than just followers on social media.
They may reach:
Unlike ordinary conversations, statements made by attorneys often carry significant weight. A single interview, press conference, podcast, or social media post can spread quickly and shape public opinion long before a jury hears any evidence.
Even well intentioned comments can unintentionally affect how people view a case before all of the facts have been presented in court.
Many people assume that if an attorney knows something, they should simply tell the public. However, speaking too freely during an active case can create serious legal and ethical issues.
Public comments could:
Even when a lawyer believes they are simply correcting misinformation or providing an update, those comments can have unintended consequences.
Statements made publicly may later become part of the litigation, be referenced during depositions, or be scrutinized by opposing counsel.
For that reason, attorneys must carefully consider not only whether something is true, but whether it is appropriate and ethical to discuss publicly at that stage of the case.
Every person deserves a fair trial.
That means judges and juries should decide cases based on admissible evidence presented in court, not opinions formed through social media, television interviews, podcasts, or online commentary.
Public statements made by attorneys have the potential to influence a jury pool, affect witness testimony, shape public perception, or prejudice legal proceedings before a trial even begins.
The ethical rules governing attorney speech help protect:
These rules also help prevent what is commonly known as trying a case in the court of public opinion.
Justice should be decided inside the courtroom, not on social media.
This is why you may hear us discuss one case but not another.
No two cases are exactly alike.
Whether an attorney can comment publicly depends on many factors, including:
Each case requires its own legal and ethical analysis.
One of the biggest misconceptions is that if a lawyer isn’t speaking publicly, they aren’t working.
Often, the opposite is true.
Some of the most important work happens behind the scenes, including:
These are the things that move a case forward, not social media posts.
We understand why people want updates.
When a case receives media attention, it’s natural to ask why we aren’t commenting or why we haven’t released more information.
The answer is often simple.
Because protecting the case is more important than talking about it.
There are times when answering a question publicly could do more harm than good. Even information that appears harmless may reveal legal strategy, influence potential jurors, affect witness testimony, interfere with an investigation, or jeopardize a client’s rights.
Sometimes the best legal strategy is patience.
Sometimes the most ethical answer is no answer at all.
That doesn’t mean nothing is happening. It means we’re focused on doing the work that gives our clients the best opportunity for justice.
Our first obligation is not to the media.
It is not to social media.
It is not to satisfy public curiosity.
Our ethical duty is to protect our clients and advocate for their best interests.
Sometimes that means speaking publicly to educate the community or correct misinformation. Other times, it means saying very little because speaking too soon could jeopardize a client’s case, influence potential jurors, interfere with the legal process, or violate our professional obligations.
Every decision about what we say, or don’t say, is made with one goal in mind: protecting our clients and preserving the integrity of the justice system.
Our job isn’t to try cases on social media.
Our job is to fight for our clients in the courtroom.
Oklahoma Rules of Professional Conduct
https://oklahoma.gov/occ/rules/statutes.html
Rule 3.6 – Trial Publicity
https://govt.westlaw.com/okjc/Document/NDFF9C970C68911DB8F04FB3E68C8F4C5
Oklahoma Bar Association – Ethics & Professional Responsibility
https://www.okbar.org/barjournal/october-2023/ethics-professional-responsibility/
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