What action should be taken if evidence is likely inadmissible?

When evidence is likely inadmissible, the appropriate action is for the lawyer to refrain from mentioning it. This is aligned with the ethical obligations lawyers have to ensure that they do not introduce or rely on evidence that could be prejudicial or mislead a judge or jury. Discussing inadmissible evidence publicly could damage the integrity of the case, affect the court's perception, and undermine a lawyer's duty to the court to present only admissible evidence.

Using inadmissible evidence to challenge the opposing party could also breach professional conduct rules, as it may reflect a lack of respect for the judicial process. Making such evidence available to the public may further complicate the case and could violate confidentiality rules or result in prejudice against a fair trial. Thus, refraining from mentioning potentially inadmissible evidence maintains a lawyer’s professional responsibility and the fair administration of justice.