On June 30, the Law Tribune published an editorial “A Troublesome Opinion Regarding Juror Internet Research,” in which it lamented recent American Bar Association Formal Opinion 466. This opinion concluded that there was nothing wrong with a lawyer reviewing a juror’s internet presence as long as the lawyer does not initiate contact with the juror (such as by sending him or her a “friend” request).
The editorial found such a practice “troublesome,” invasive of jurors’ privacy, and likely to make prospective jurors even more reluctant to show up and perform their civic duty than they already are. But here’s a news flash for you, direct from a trial lawyer with over 25 years’ experience who is also the author of three books and numerous articles on the impact of social media on the law: it’s not only permissible for lawyers to engage in such online research, it may be malpractice if they don’t.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
