This section contains the nature of the case and procedural background.

The police kept cocaine and traveler's checks used in undercover operations in a vault. The items were stolen, and just about everyone was under suspicion. Eventually, the owner of the vault was indicted. Almost immediately upon discovery of the theft, the parties involved went to the press. The case began to be tried in the press from various inflammatory statements made by both sides. The owner was eventually tried and acquitted of the charges against him. Disciplinary proceedings were then brought against his attorney, Gentile for violation of Nevada Supreme Court Rule 177 (a verbatim copy of ABA Model Rule 3.6). Gentile was found in violation. The state supreme court affirmed, and the Supreme Court granted review.

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