Attorneys for Duke University claimed in a U.S. District Court memorandum filed Friday that attorneys for plaintiffs including 38 current and former members of the men’s lacrosse team violated state and federal ethics rules in publicizing their suit against Duke.
The filing states that the plaintiffs disregarded professional conduct standards by announcing the case via a news conference, press release and Web site statement.
“When a complaint contains such incendiary language, an attorney should not be permitted to hide behind the language of the complaint and make a statement to the press that strings together paragraphs that are highly prejudicial,” it reads.
The filing points to the involvement of Bob Bork, head of the Bork Communication Group and a media consultant for the case, as evidence of the plaintiff’s intention to publicize the lawsuit.
“What Duke is saying is, ‘Look, this publicity firm is really the alter ego working with the lawyers, so they shouldn’t be able to say things that the lawyers aren’t allowed to say,’” Professor of Law Thomas Metzloff said. “They are making sure that the lawyers aren’t speaking through someone else.”

