An attorney recently completed a trial. The jury in the case returned a verdict that heavily favored the opposing party. After the trial, the attorney spoke with one of the jurors, and the juror told the attorney that the verdict favored the opposing party because every juror was paid $2,000. When the attorney moved for a new trial, the opposing attorney argued that the attorney violated the Model Rules by talking to a juror. Is the opposing attorney correct?

Question

Quizplus · Accepted Answer

No, because the communication occurred after the jury was discharged. "A lawyer shall not . . . communicate with a juror or prospective juror after discharge of the jury if (1) . . . prohibited by law or court order; (2) the juror has made known to the lawyer a desire not to communicate; (3) the communication involves misrepresentation, coercion, duress or harassment." Model Rule 3.5(c). Answer C is the best choice because the attorney does not violate the Model Rules if the communication occurs after discharge and does not fall under one of the three situations described in the Model Rules. Answer A is not the best choice because communication is permitted after the jury is discharged. Answer B is not the best choice because court authorization is not needed. Answer D is not correct because the facts do not state the juror did not want to communicate with the attorney.

An Attorney Recently Completed a Trial