Formal Op. 466
Formal Op. 466
American Bar Association
April 24, 2014
Summary
The ABA Model Rules of Professional Conduct state that a lawyer may not communicate ex parte with a juror or potential juror leading up to trial or during trial unless authorized by law or court order. Passive review of a juror's website or electronic social media is allowed, but requesting access to a private area on a juror's ESM is considered communication. If a lawyer discovers criminal or fraudulent conduct by a juror related to the proceeding, they must take reasonable remedial measures including, if necessary, disclosure to the tribunal.