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Opinion Says Lawyers May Check Jurors' Online Activity
Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said in a recent ethics opinion. Lawyers may look up information on a potential juror for screening purposes during voir dire and may monitor a juror's online activity for misconduct during a trial, but “must not 'friend,' e-mail, send tweets to jurors or otherwise communicate in any way with the juror, or act in any way by which the juror becomes aware of the monitoring,” the opinion said.
If jurors become aware that an attorney is following them online, it could influence their deliberations, according to the opinion. “Significant ethical concerns would be raised by sending a 'friend request,' attempting to connect via LinkedIn.com, signing up for an RSS feed for a juror's blog or 'following' a juror's Twitter account,” it said.
If attorneys learn of any improper conduct by a juror through social networking during a trial, they may not use that knowledge to their clients' advantage, but must report it immediately to the court, the opinion said. Attorneys do not, however, have a duty to monitor jurors on social networking sites. The opinion also forbids attorneys from engaging in unwanted or harassing communication with jurors after a trial is over.
Brendan Pierson is a state and federal court reporter for the New York Law Journal, a sister publication of this newsletter.
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