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The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly

Northern Illinois University Law Review

As a growing number of attorneys seek and receive more media attention during trials, the days in which jurors judge a case's merits based solely on what they have heard in the courtroom are quickly fading. The author discusses the present state of Model Rules of Professional Conduct Rule 3.6, which regulates attorney speech, and examines the difficulties courts have faced in applying the provision. The solution to the attorney speech problem likely lies in a revised standard in which jurors are not required to completely leave their personal beliefs outside the jury room.