It is one of the great prides of our legal system that the courts are open to the public. Case materials become part of the public record so that society can be informed of developments that impact their daily world. One byproduct of an open courts system is that high-profile litigation may reach the front page of the paper or even, in some instances, create a media firestorm.

Although the public pleadings may provide significant fodder for the press, it is not uncommon for members of the media to ask attorneys to comment on their cases or the parties involved. The availability and instant access to social media can also prove tempting. Attorneys may even feel some pressure to engage in some trash-talking, however light, to provide a good sound bite.