This is a criminal matter, and is likely to lead to an indictment. The principal concern of the court is safeguarding the rights of a criminal defendant.
Avenatti is seeking to intervene in this evidentiary proceeding on the basis of a very narrow and somewhat speculative interest in relation to any materials which may have been seized in the raid which constitute attorney work product generated in connection with the Daniels contract.
However, as a participant in the proceeding, he would have to make a choice between being a television personality and being an attorney and subject to the relevant rule:
New York Rules of Professional Conduct
RULE 3.6:
TRIAL PUBLICITY
(a)
A lawyer who is participating in or has participated in a criminal or civil
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)
A statement ordinarily is likely to prejudice materially an adjudicative
proceeding when it refers to a civil matter triable to a jury, a criminal matter or any other
proceeding that could result in incarceration, and the statement relates to:
(1)
the character, credibility, reputation or criminal record of a party,
suspect in a criminal investigation or witness, or the identity of a witness or the
expected testimony of a party or witness;
(2)
in a criminal matter that could result in incarceration, the possibility
of a plea of guilty to the offense or the existence or contents of any confession,
admission or statement given by a defendant or suspect, or that person’s refusal or
failure to make a statement;
(3)
the performance or results of any examination or test, or the refusal
or failure of a person to submit to an examination or test, or the identity or nature
of physical evidence expected to be presented;
(4)
any opinion as to the guilt or innocence of a defendant or suspect in a
criminal matter that could result in incarceration;
(5)
information the lawyer knows or reasonably should know is likely to
be inadmissible as evidence in a trial and would, if disclosed, create a substantial
risk of prejudicing an impartial trial; or
(6)
the fact that a defendant has been charged with a crime, unless there
is included therein a statement explaining that the charge is merely an accusation
and that the defendant is presumed innocent until and unless proven guilty.
(c)
Provided that the statement complies with paragraph (a), a lawyer may state
the following without elaboration:
(1)
the claim, offense or defense 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; and
(7)
in a criminal matter:
(i)
the identity, age, 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 identity of investigating and arresting officers or agencies
and the length of the investigation; and
(iv)
the fact, time and place of arrest, resistance, pursuit and use of
weapons, and a description of physical evidence seized, other than as
contained only in a confession, admission or statement.
(d)
Notwithstanding paragraph (a), a lawyer may make a statement that a
reasonable lawyer would believe is required to protect a client from the substantial
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
necessary to mitigate the recent adverse publicity.
(e)
No lawyer associated in a firm or government agency with a lawyer subject
to paragraph (a) shall make a statement prohibited by paragraph (a).
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