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BRUNSWICK COUNTY, NC (WWAY) – Brunswick County District Attorney Jon David’s office emailed the following memo out to the media this morning, apparently reminding “Teen Mom 2” star Jenelle Evans’ attorney regarding what he can and can’t talk about as the case works through the legal system ….

Attorney Dustin Sullivan has said publicly he believes a video showing Evans fighting with Brittany Truett was a set-up…

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 paragraph (a), a lawyer may state:
(1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
(2) the 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; and
(7) in a criminal case, in addition to subparagraphs (1) through (6):
(A) the identity, residence, occupation and family status of the accused;
(B) if the accused has not been apprehended, information necessary to aid in apprehension of that person;
(C) the fact, time and place of arrest; and
(D) the identity of investigating and arresting officers or agencies and the length of the investigation.
(c) Notwithstanding paragraph (a), 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 paragraph shall be limited to such information as is reasonably necessary to mitigate the recent adverse publicity.
(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a
statement prohibited by paragraph (a).
(e) The foregoing provisions of Rule 3.6 do not preclude a lawyer from replying to charges of misconduct publicly made against the lawyer or from participating in the proceedings of legislative, administrative, or other investigative bodies.

Comment on this Story

  • Guest

    If Attorney Dustin Sullivan prefaced any statement with “I believe”, then I see no violation of any of the quoted rules.
    What is the big deal for the District Attorney to make an issue in the news media?

  • Guest

    Its how Nifong got “NIFONGED”..ie District Attorney using his office to involve himself in promoting a case for publicity during an election or future re-election campaign.

  • Commonsensenotcommontoday

    All it takes is a rumor to take off and pretty soon you have to get a change of venue because you can’t find an adequate pool of jurors who haven’t read about Sullivan’s “speculation.”

    I think the whole thing was a staged load of crap, myself – nothing more than a bunch of trailer park trash people acting up to try and milk more money from the rather gullible entertainment media. You can bet that TMZ paid for that video.

  • Guest85

    He emailed a letter out to the media outlets, for what? He’s an attorney too shouldn he know what he can say and can not say to the media. Brunswick County we have to do better.

  • Guest

    Atty Sullivan appears to try to get clients through the media instead of his ability to actually practice law. Clients beware!!!!!

  • Guest

    Attny Sullivan is a defense attorney and he is clearly defending his client, just as I would expect any defense attorney to do. That said, there are far more important things happening in the world and look how much media coverage this ridiculous story has received.


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