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Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write that while the press has long reported on pending trials, bloggers - or so-called "citizen journalists," some sitting in juries - have increasingly posted commentary about judicial proceedings. Given this new technological reality, counsel and judges have adapted jury instructions that include specific charges against blogging or posting online comments about a pending trial. Trial attorneys also have started to routinely monitor pretrial and post-trial publicity on the Internet to determine whether jurors or others had blogged or posted online comments about the trial that might reveal pretrial bias. Beyond jurors, counsel and judges need to be aware how their own blogging practices are impacted by professional ethical standards.
May 12, 2009 at 12:00 AM
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