will have asubstantial likelihood of materially prejudicing an adjudicatory proceeding.A lawyershallnotcounselor assistanotherpersonto makesucha statement proceeding. A lawyer shall not counsel or assist another person to make such a statement (emphasis added). A lawyerordinarily willviolateparagraph (a),andthelikelihood (emphasis added). A lawyer ordinarily will violate paragraph (a), and the likelihood of a violation increases iftheadiudication is orimminent. bv an of a violation increases if the adjudication is ongoing or imminent, by making an
Silverado Appx. 0557 No. 1-15-567-CV 1646 extrajudicial statement ofthe extrajudicial statement referred typereferred of the type inthat toin to paragraph that paragraph whenthe when thestatement statement refers refers
to: to:
(l) the (1) thecharacter, character, credibility, credibility, reputation or criminal reputation or criminal record record o offa party, suspect party, suspect ina in
criminal criminal investigation investigation witness; orwitness; or theexpected orthe or testimony expected testimony ofaa party of orwitness;l partyor witness;
(2) in (2) in aa criminal criminalcase proceeding caseororproceeding that couldresultin thatcould incarceration, result in incarceration, the the possibility possibility of pleaof of a plea guiltyto of guilty theoffense; to the offense;the theexistence existenceor or contents of any contentsof any confession, confession, admission, statementggiven or statement admission,or ivenby defendantor suspect; by aa defendant suspect;or thatg or that person's refusal person's refusal failure orfailure or tomake to a statement; make a statement; C) (3)theperformance, (3) the performance, refusal refusal ttoo perform, or results perform, or results of examination anyexamination of any theb test;the or test; or
refusal or failureof or failure personto of a person allowor to allow submitto or submit to an examination anexamination test;or or test; or thei or the identity identity ornature or ofphysical nature of physical evidence evidence expected to bepresented; expected to be presented;
(4)any (4) opinion anyopinion asto as theguilt tothe innocence orinnocence guilt or ofaa defendant of defendant or suspect orsuspect inaa criminal in criminalli case or proceeding caseor proceeding thatcould resultin that could result inincarceration; incarceration; or or
(5)information (5) information thelawyer the lawyer k nowsoorr reasonably knows reasonably should should knowis know is likely likely to be to be
inadmissible inadmissible as evidence as evidence in in a trialand a trial would andwould ifdisclosed if create disclosed create substantial aasubstantial risk risk ofprejudicing of prejudicing an impartial animpartial trial.
(b)A (b) lawyer A lawyer ordinarily ordinarily willnot will violate notviolate paragraph paragraph (a)by (a) making bymaking an extrajudicial anextrajudicial statement statement ofthe of the type referred typereferred to in that to in that p aragraph paragraph when when thelawyer the lawyer merely merely s tates:25 states:
(l) the thegeneral 25 (1) general nature oftheclaim natureof ordefense;l the claim or defense;
(2)theinformation (2) contained the information contained inaa public in public record;
Silverado Appx. 0558 No. 1-15-567-CV 1647 0 (3)that an investigation (3) that an investigationof ofthe matteris the matter is in in progress, including includingtthe hegeneral generalsscope cope ofthe of theinvestigation, investigation,the theoffense, offense,claim claimoorrdefense defenseinvolved; involved;
(4) exceptwhen (4) exceptwhenprohibited prohibitedbylaw, by law,tthe heidentity identityoof fthe personsiinvolved thepersons nvolved ininthe the
matter; matter; LR (5)thescheduling (5) the schedulingor resultoof