If You're Not Using Facebook, You're A Bad Lawyer

If you’re not booting up your laptop or iPad during voir dire, you’re not a very good lawyer. That’s my takeaway from recent WSJ and Reuters articles on jury selection in the social media age.

This week, the Wall Street Journal took a look at the evolution of jury selection in the age of social media, while Reuters took a look at this last week, quipping that “voir dire” is becoming “voir Google.”

Facebook-stalking jurors is presented as a questionable and still evolving practice. But the only thing that seems questionable to me (besides a DA considering forced-friending in exchange for Internet access) is why any trial lawyer wouldn’t have jumped on this already. Along with not Googling prospective jurors, I imagine these guys also avoid Lexis-Nexis in favor of the law library, type their memos up on an old-school typewriter, and review deposition recordings on an eight-track.

Both articles point out that potential jurors may be more candid online than they are in a courtroom, and round up some tips from trial consultants on reasons to strike potential jurors based on their Facebook likes and Google footprint. BigLaw types might be well-advised to strike anyone, for example, who lists “Erin Brokovich” as one of their favorite movies…

Read on at The Not-So Private Parts.

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