Thursday, May 1, 2014
ABA Issues Formal Opinion on Lawyers Reviewing Jurors' Internet Presence (Social Media)
ABA Formal Opinion 466 is summarized therein "a lawyer may passively review a juror's presence on the Internet, but may not communicate with a juror...if a lawyer discovers criminal or fraudulent conduct by a juror related to the proceeding, the lawyer must take reasonable remedial measures, including, if necessay, disclosure to the tribunal." I have no link, but see the ABA website for the full 9-page opinion. This opinion applies "unless limited by law or a court order." At least one state has a rule or statute requiring immediate disclosure to the court of fraudulent conduct by a juror, for example, Internet research or social media discussion during trial.