Categories
. Legal ethics

Post-discharge communications with jurors

To clarify about that forthcoming revision to the comment to RPC 3.5(c) w/r/t restrictions on communicating with discharged jurors after trial: it impacts only the ability of trial court’s to enter routine orders — such as standing orders or local rule provision — that would place jurors off-limits from lawyers after discharge.  It will not change the fact that such contact is unethical if the lawyer’s “communication involves misrepresentation, coercion, duress, or harassment.”

Why does this seem like a point worth making?  Well, because of things like this remarkable public censure out of New York, that demonstrates (1) the long memories of certain lawyers, (2) how much lawyers hate to lose, and (3) the double-edged sword that is the ability to send email to anyone at any time you want.