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.
