Do You Know Who Is On Your Jury?

The ABA has recently issued Formal Opinion 466 regarding the use of “electronic social media” (ESM) to obtain publicly accessible information from potential jurors' or litigant's social media presence. The somewhat antiquated court system is trying to deal with the problem of socially networked jurors and either does not have the resources to monitor jurors' social media or simply does not understand the impact of social media - as was the case this morning. On a daily basis we are observing jurors or potential jurors using social media even when they are told not to or there are signs prohibiting the use of cameras in the jury area. This does not deter these individuals from posting photos of other jurors, taking pictures from the jury box or posting information about their grand jury service.

In recent months there have been several findings of derogatory and biased opinions regarding criminal defendants, civil litigants and the judicial process made by jurors on social media - specifically Twitter. Juror social media activity has also recently impacted many legal proceedings, and this becomes costly to both the court and parties involved, as well as creating potential appellate issues. In the age of instant information sharing and round the clock access to huge amounts of information, cases large and small, civil and criminal are being disrupted by juror misconduct. For jurors who are conditioned to access social media regularly, often about even mundane topics, the temptation to post about a trial will be strong. And that is in an ordinary case; in a high-profile matter, it will be almost irresistible.

What are the best measures to prevent these problems from occurring in the first place? Start a dialogue early. Prior to trial, raise and discuss the issue of juror social media use with opposing counsel and raise the concerns, jointly if possible, with the court. Even before voir dire, Xander Business Group can assist trial counsel with research of social media profiles of prospective jurors, and provide information regarding each individual's background, opinions on social and legal issues, professional background, personal biases and other pertinent information.

While the court system has made some progress in advancing its policies...it simply does not have the resources to deal with the emerging and potentially devastating problem of socially networked jurors. Xander Business Group is a company who understands the impact of social media and provides the experience and knowledge to pinpoint potential breaches of information from jurors on social media, and to delve into social media presence to provide a detailed profile of potential jurors.

Juror monitoring and profiling is not the only area which social media can provide pertinent information. We offer the following consulting services:

• Voir dire profiling and monitoring of prospective jurors via prospective juror list;
• Social media analysis and/or monitoring of witness/litigants pre and post trial for information relative to case;
• Social media analysis and target profiles based on witness internet presence;
• Social media research and retrieval of archived or deleted posts from the internet;