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NY Ethics Opinion Says Lawyers May Check Jurors' Online Activity
Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said last month in an ethics opinion. (See, NYCLA Committee on Professional Ethics Formal Opinion No. 743, https://www.nycla.org/siteFiles/Publications/Publications1450_0.pdf.) Lawyers may look up information on a potential juror for screening purposes during voir dire and may monitor a juror's online activity for misconduct during a trial, but “must not 'friend,' e-mail, send tweets to jurors or otherwise communicate in any way with the juror, or act in any way by which the juror becomes aware of the monitoring,” the opinion says.
If jurors become aware that an attorney is following them online, it could influence their deliberations, according to the opinion. “Significant ethical concerns would be raised by sending a 'friend request,' attempting to connect via LinkedIn.com, signing up for an RSS feed for a juror's blog or 'following' a juror's Twitter account,” according to the opinion.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.