Paula is a trial paralegal working with attorney Lisa Osaka on a three-week trial. Paula worked many long hours preparing trial exhibits, an electronic database, and trial notebooks. Once the trial started, Paula helps Lisa with the jury-selection process and a PowerPoint® presentation used during opening statements. As the trial progresses, Lisa finds that Paula is quite skilled and adept at anticipating her needs-so that she (Lisa) can present a strong, polished case to the jury. On a personal note, Paula also enjoys socializing with friends and family through her Facebook® page. On the evening before closing statements, Paula posts a comment on her public Facebook® page stating that she has been working on a trial and thinks that one of the jurors is quite attractive. Did Paula use good judgment when she posted that comment?
A)Yes, because Paula's comment on her Facebook® page is protected as a form of free speech.
B)Yes, because no one will take a paralegal's comments on a Facebook® page seriously.
C)No, because she did not discuss the posting with Lisa before she posted it on her Facebook® page.
D)No, because the Facebook® posting was public and could be viewed as an attempt to influence the juror.

Question

Quizplus · Accepted Answer

Paula did not use good judgment because the Facebook® posting was public and could be viewed as an attempt to influence the juror. During trial, the parties, the employees of parties, the attorneys, and the employees of attorneys are prohibited from communicating with the jury outside the courtroom and prohibited from any activity outside the courtroom that could potentially influence the jury-including public comments. A public comment on Facebook® related to an ongoing trial is prohibited under this rule. Answer A is not correct because courts have authority to limit free speech if it disrupts the decorum of the proceeding or undermines fairness or the trial process. Answer B is not correct because a paralegal's action reflect on his or her employing attorney. Answer C is not correct because the comment would have been inappropriate even with Lisa's permission.

Paula Is a Trial Paralegal Working with Attorney Lisa Osaka