Subodh Chandra sings about litigation-publicity ethics.

On December 6, 2019, The Chandra Law Firm LLC's Subodh Chandra presented a two-hour continuing-legal-education seminar and workshop to the Cleveland Employment Lawyers Association (CELA) on the topic of "Leveraging Media Ethically, for Your Clients' Cases and Causes." The course concluded with this summary song to the tune of the "Twelve Days of Christmas" on the topic of Ohio Rule of Professional Conduct 3.6(b). The rule establishes certain topics litigators may publicize during the course of their cases.

Chandra was accompanied on the guitar by his partner Don Screen.

Here are the lyrics, followed by Rule 3.6 itself: The Eight Amended Complaints and Rule 3.6(b) (Sung to the tune of the “Twelve Days of Christmas”)

The Eight Amended Complaints and Rule 3.6(b)

(Sung to the tune of the “Twelve Days of Christmas”)

When I filed the first complaint, I felt free to release:
Claims, offenses, and identities,

When I filed the second complaint, I felt free to release:
Public-record contents;
Claims, offenses, and identities.

When I filed the third complaint, I felt free to release:
Investigation in progress;
Public-record contents;
Claims, offenses, and identities.

When I filed the fourth complaint, I felt free to release:
Scheduling or result;
Investigation in progress;
Public-record contents;
Claims, offenses, and identities.

When I filed the fifth complaint, I felt free to release:
A request for assistance in obtaining evidence and information necessary thereto!
Scheduling or result;
Investigation in progress;
Public-record contents;
Claims, offenses, and identities.

When I filed the sixth complaint, I felt free to release:
A warning of danger;
A request for assistance in obtaining evidence and information necessary thereto!
Scheduling or result;
Investigation in progress;
Public-record contents;
Claims, offenses, and identities.

When I filed the seventh complaint, I felt free to release:
Criminal-case info;
A warning of danger;
A request for assistance in obtaining evidence and information necessary thereto!
Scheduling or result;
Investigation in progress;
Public-record contents;
Claims, offenses, and identities.

When I filed the eighth complaint, I felt free to release:
Protective rebuttal;
Criminal-case info;
A warning of danger;
A request for assistance in obtaining evidence and information necessary thereto!
Scheduling or result;
Investigation in progress;
Public-record contents;
Claims, offenses, and identities!

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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.

(b) Notwithstanding division (a) of this rule and if permitted by Rule 1.6, a lawyer may state any of the following:

(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;

(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;

(7) in a criminal case, in addition to divisions (b)(1) to (6) of this rule, any of the following: (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; (iv) the identity of investigating and arresting officers or agencies and the length of the investigation.

(c) Notwithstanding division (a) of this rule, 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 division shall be limited to information necessary to mitigate the recent adverse publicity. 124

(d) No lawyer associated in a firm or government agency with a lawyer subject to division (a) of this rule shall make a statement prohibited by division (a) of this rule.

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Chandra Law's Patrick Haney provided valuable research assistance in connection with preparation for this seminar presentation.