How Much is a Lawyer Allowed to Snoop on a Juror's Facebook? | BCGSearch.com

How Much is a Lawyer Allowed to Snoop on a Juror's Facebook?

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For years now different bars and judges have waffled over just how far lawyers can go with online researching of potential jurors: are they allowed to read Facebook pages? Twitter? LinkedIn pages? Some lawyers have searched wholeheartedly, making the most of the new social landscape the internet has carved out, learning what they could through online inquiries. Others wouldn't let themselves look, wondering if such practices amounted to an invasion of privacy. The ABA settled the matter in April of 2014, after two years of deliberation, concluding that researching Facebook posts, Twitter posts, and similar information which is publicly available constitutes ethical research.
With such a go-ahead, more lawyers are making Facebook checks than ever before. There are limits: lawyers have been warned not to "friend" or "follow" potential jurors, as that would be an invasion of privacy.

"It's like any other publicly available information," said Donald Lundberg, who aided in drafting the ABA's opinion, and as reported by the Associated Press.

Giving the go ahead on viewing such media as Facebook, as well as Twitter, and even LinkedIn, contradicting the New York City Bar Association's opinion of 2010, opens up avenues for screening jurors, but also for getting a sense on whether jurors are doing their job legitimately. After all, since the advent of this social media, many jurors have been reprimanded for discussing cases, if not denounced for causing a full-fledged mistrial, for leaking information or otherwise commenting inappropriately on cases via Facebook updates.

For instance, Khalid Sheikh, a lawyer from Detroit, checked up on a juror involved in a murder case. "I said they shouldn't be saying anything," said Sheik, but found the juror had mentioned the case on Facebook.

In light of this, Sheikh vowed "I will be doing it for every trial."

This might be some added bother on top of the typical attorney's responsibility. As Leslie Ellis, a Washington D.C. jury consultant said, according to the Associated Press, "Social media searches are time consuming and expensive. What takes so long is confirming that you have found the right person." After all, many different people on Twitter, Facebook, and LinkedIn have the same name, and not all of them provide photos of themselves.

Sniffing out an opportunity, one company has offered to aid lawyers with such internet sleuthing. Whether this becomes a thing remains to be seen, but at least this much is certain: the evolving nature of social media has once again changed the legal sphere in turn, altering how jurors adjudicate and how lawyers prosecute. And so it always shall be, with the law striving to keep in step with the changing landscape of social media.


About Harrison Barnes

Harrison Barnes is a prominent figure in the legal placement industry, known for his expertise in attorney placements and his extensive knowledge of the legal profession.

With over 25 years of experience, he has established himself as a leading voice in the field and has helped thousands of lawyers and law students find their ideal career paths.

Barnes is a former federal law clerk and associate at Quinn Emanuel and a graduate of the University of Chicago College and the University of Virginia Law School. He was a Rhodes Scholar Finalist at the University of Chicago and a member of the University of Virginia Law Review. Early in his legal career, he enrolled in Stanford Business School but dropped out because he missed legal recruiting too much.

Barnes' approach to the legal industry is rooted in his commitment to helping lawyers achieve their full potential. He believes that the key to success in the legal profession is to be proactive, persistent, and disciplined in one's approach to work and life. He encourages lawyers to take ownership of their careers and to focus on developing their skills and expertise in a way that aligns with their passions and interests.

One of how Barnes provides support to lawyers is through his writing. On his blog, HarrisonBarnes.com, and BCGSearch.com, he regularly shares his insights and advice on a range of topics related to the legal profession. Through his writing, he aims to empower lawyers to control their careers and make informed decisions about their professional development.

One of Barnes's fundamental philosophies in his writing is the importance of networking. He believes that networking is a critical component of career success and that it is essential for lawyers to establish relationships with others in their field. He encourages lawyers to attend events, join organizations, and connect with others in the legal community to build their professional networks.

Another central theme in Barnes' writing is the importance of personal and professional development. He believes that lawyers should continuously strive to improve themselves and develop their skills to succeed in their careers. He encourages lawyers to pursue ongoing education and training actively, read widely, and seek new opportunities for growth and development.

In addition to his work in the legal industry, Barnes is also a fitness and lifestyle enthusiast. He sees fitness and wellness as integral to his personal and professional development and encourages others to adopt a similar mindset. He starts his day at 4:00 am and dedicates several daily hours to running, weightlifting, and pursuing spiritual disciplines.

Finally, Barnes is a strong advocate for community service and giving back. He volunteers for the University of Chicago, where he is the former area chair of Los Angeles for the University of Chicago Admissions Office. He also serves as the President of the Young Presidents Organization's Century City Los Angeles Chapter, where he works to support and connect young business leaders.

In conclusion, Harrison Barnes is a visionary legal industry leader committed to helping lawyers achieve their full potential. Through his work at BCG Attorney Search, writing, and community involvement, he empowers lawyers to take control of their careers, develop their skills continuously, and lead fulfilling and successful lives. His philosophy of being proactive, persistent, and disciplined, combined with his focus on personal and professional development, makes him a valuable resource for anyone looking to succeed in the legal profession.


About BCG Attorney Search

BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.

Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom

Harrison also does a weekly free webinar with live Q&A for law firms, companies, and others who hire attorneys each Wednesday at 10:00 am PST. You can sign up for the weekly webinar here: Register on Zoom

You can browse a list of past webinars here: Webinar Replays

You can also listen to Harrison Barnes Podcasts here: Attorney Career Advice Podcasts

You can also read Harrison Barnes' articles and books here: Harrison's Perspectives


Harrison Barnes is the legal profession's mentor and may be the only person in your legal career who will tell you why you are not reaching your full potential and what you really need to do to grow as an attorney--regardless of how much it hurts. If you prefer truth to stagnation, growth to comfort, and actionable ideas instead of fluffy concepts, you and Harrison will get along just fine. If, however, you want to stay where you are, talk about your past successes, and feel comfortable, Harrison is not for you.

Truly great mentors are like parents, doctors, therapists, spiritual figures, and others because in order to help you they need to expose you to pain and expose your weaknesses. But suppose you act on the advice and pain created by a mentor. In that case, you will become better: a better attorney, better employees, a better boss, know where you are going, and appreciate where you have been--you will hopefully also become a happier and better person. As you learn from Harrison, he hopes he will become your mentor.

To read more career and life advice articles visit Harrison's personal blog.


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