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Rule 3.6(d)

Alpha and Beta practice in a six-lawyer firm above a hardware store. Alpha alone handles the firm's defense of a bell foundry charged with dumping solvent into a creek, a case set for jury trial in two months. A trade magazine telephoned the firm for comment and Beta, who had spent the morning on a different client's lease, took the call. Beta said the plant manager who will testify for the state "has been settling a grudge since the day he was demoted." The magazine printed the remark, posted it online, and mailed copies to every foundry in the state. Is Beta subject to discipline?

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