Mug shots, unsavory posts, silly “likes” and embarrassing photos – these are all things found during our social media audits of prospective jurors for our cases. Although we have known social media and Internet searches to be worthwhile for some time, the American Bar Association has finally given the seal of approval to “Google” potential jurors.
The ethics of social media audits have been a gray area in many jurisdictions, since sites such as LinkedIn might notify a user of another person accessing their page – which could be construed as communication with a juror. However, The American Bar Association has decided such searches are not considered communication unless the searcher “friends,” “follows” or “likes” the juror’s page.
The ethics of social media audits have been a gray area in many jurisdictions, since sites such as LinkedIn might notify a user of another person accessing their page – which could be construed as communication with a juror. However, The American Bar Association has decided such searches are not considered communication unless the searcher “friends,” “follows” or “likes” the juror’s page.
Researching and getting to know your jurors could reveal what subtle ways you might use to connect with jurors during trial, or which arguments to steer clear of for fear of offending one of the panelists. However, The American Bar Association warns against taking this too far, citing an example of using fishing metaphors during a trial where the jury contains some avid fishermen, since this grays the area between knowing your audience and making jurors feel as though they are being “watched.”
In this day and age of electronic footprints on the web, we recommend as much research as possible without overstepping the lines established by The American Bar Association. Our team is able to research numerous jurors during the short time between receiving the jury list and choosing the members in the same morning or afternoon. Finding a juror has a soft spot for cancer awareness in a misdiagnosis trial, extensive knowledge of commercial driver protocol or a bias regarding a particular hospital could mean the difference between a defense or plaintiff verdict.
These audits are also valuable during trial to see if jurors are following orders to refrain from posting or commenting about the trial. If selection time is so short that quick searches won’t reveal any damning information, further research after the jury is picked could prove helpful to make sure jurors are following instructions not to post about the trial.
If you have an upcoming trial that would benefit from some extra Googling, jury selection or monitoring assistance, contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.
These audits are also valuable during trial to see if jurors are following orders to refrain from posting or commenting about the trial. If selection time is so short that quick searches won’t reveal any damning information, further research after the jury is picked could prove helpful to make sure jurors are following instructions not to post about the trial.
If you have an upcoming trial that would benefit from some extra Googling, jury selection or monitoring assistance, contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.
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