"To my mind, information that a person discloses in a publicly available manner is fair game for lawyers preparing for voir dire,"
"Lawyers have an ethical duty not to contact prospective jurors, however, so they must be careful not to inadvertently use an investigative technique that notifies a juror that their information is being reviewed."
"She "did the responsible thing," Orrick said."
U.S. District Judge William H. Orrick fined Alston & Bird $10,000 for violating a standing order that bars researching potential jurors on LinkedIn because LinkedIn notifies users when their profiles are viewed, creating a prohibited juror contact. Alston & Bird hired a jury consultant in a patent infringement case against GoPro; the consultant retained an investigator who used LinkedIn and other public sources. A firm lawyer discovered the violation, notified the court and opposing counsel, and did not pass the information to the trial lawyer. Orrick allowed the trial to proceed but upheld the fine and his standing order. GoPro was ordered to pay $8.2 million in damages.
Read at ABA Journal
Unable to calculate read time
Collection
[
|
...
]