re: #38 Belafon

Law question: Is it uncommon for plaintiff lawyers to publish executive summaries?

It’s uncommon for lawyers to litigate cases in the public view. In part because it can detrimentally affect your client’s case. The California Bar Rules include this:

A member who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the member knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

There are certain exceptions, but it’s always dangerous to be on TV as much as Avanatti is. Now, given that the main point of the case would likely not entitle them to a jury trial (declaratory relief is equitable in nature and thus would be conducted as a bench trial - the defamation claims are different though), maybe he thinks he’s less likely to materially prejudice adjudicative proceedings… but I’m guessing judges don’t typically like this kind of stuff.