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Social Media, Jurors and Jury Instructions (New York Law Journal)

New York Law Journal, November 4, 2019

Social Media, Jurors and Jury Instructions

New York City Bar Association Formal Opinion 2012-2 (City Bar Opinion) provides: ‘Attorneys may use search engines and social media services to research potential and sitting jurors without violating the Rules, as long as no communication with the juror occurs’ (emphasis added).

The City Bar Opinion notes that NYRPC Rule 3.5(a)(4) ‘does not impose a requirement that a communication [with a juror] be willful or made with knowledge to be prohibited.’”

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