December 17, 2014 Articles

The Thirteenth Juror: Don't Let Virtual Reputation Trump Reality

The Internet can affect your case in ways you will never know—unless you get a handle on what the panel will see.

By Jennifer Auer Jordan

Because of the prevalence of Internet use by jurors, there has been much written about using a juror’s social media profile as part of jury selection or monitoring jurors’ Internet presence during a trial. So much so that the American Bar Association issued Formal Opinion 466 to deal with questions regarding a lawyer’s ability to review and monitor a juror’s Internet presence. The opinion provided straightforward guidance about what was and was not permissible.

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