Gentile v. State Bar of Nevada
United States Supreme Court
501 U.S. 1030 (1991)
Gentile (defendant), representing a prominent businessman charged with theft in a police sting, held a press conference proclaiming his client's innocence and implicating a police detective, after which his client was acquitted on all counts. The Nevada disciplinary board found Gentile violated Rule 177, which barred extrajudicial statements substantially likely to materially prejudice a proceeding, subject to a safe-harbor provision allowing lawyers to state the general nature of a claim or defense without elaboration; Gentile testified he studied the rule beforehand and believed his limited statements fit within that safe harbor. The board recommended a private reprimand, the Nevada Supreme Court affirmed, and the U.S. Supreme Court granted certiorari.
Whether a lawyer may be disciplined for initiating a pretrial press conference if the lawyer's statements create a substantial likelihood of material prejudice to the client's criminal trial, and whether the applicable disciplinary rule must provide fair notice of the prohibited conduct.