Yesterday over at Hercules and the Umpire, Judge Kopf noted an article from the Federal Judicial Center regarding social media use among jurors. Also in the article was a brief bit on social media use by attorneys during voir dire.
Most judges stated they did not know whether attorneys were using social media during voir dire, and most do not address the issue with attorneys before voir dire. Only 25 judges reported they knew attorneys had used social media in at least one of their trials, usually during voir dire. Attorneys may have used social media to look at prospective jurors’ Facebook pages, to run names through search engines, or to look at online profiles, blogs or websites. Of the 466 judges responding to this survey question, 120 do not allow attorneys to research prospective jurors online during voir dire.
Which caused Judge Kopf to ask: “So long as the use of social media by a lawyer in the courtroom picking a jury is discreet, why in the world would a federal judge interfere with a lawyer using social media to obtain information about jurors during the jury selection process? That doesn’t make any sense to me? ”
I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.
But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.
In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.
I have successfully avoided jury duty since I moved back to New York in 2003, but this week they finally caught up with me. This week, I’ve had to perform my civic responsibility of sitting in judgment of my peers (like I don’t do that enough already).
Sorry, I had to “be available” to sit in judgement of my peers. Nobody is ever going to pick me for a jury. I blog about law for a living, hold two Harvard degrees, and have a checkered past. I’m not getting impaneled. Instead, I was just looking forward to the rare business day when I didn’t have to invent an opinion or listen to “the internet” pontificate on my weight.
Then the lady who seemed to be in charge of the proceedings told me that I was looking forward to three days of that. I went to protest, but Nurse Ratched told me to sit down and wait for my lobotomy. So i started paying attention to my surroundings — because blogging is how I cope with the slings and arrows of outrageous people asking me to behave like a normal person.
I’ll deal more directly with Nurse Ratched at another time. Today I got an up-close look at the voir dire process in a criminal trial. While I was not picked, I feel like my McMurphy-esque fingerprints will be all over the case.
Let’s take a look inside our clearly broken jury system…
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…
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: