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Youtube as Legal Video?

August 12th, 2008 Posted in Digital Litigation Solutions, From the Team, Legalsized Blog, Trial Consultants, Trial Graphics

Last week I discussed the possibility of a harmful juror ‘acting’ their way onto your jury; playing the part as it were and avoiding the Whole Truth in hopes of appearing to be a desirable juror.  Rest assured there are a few ways to guard against such theatrics.  Legal technology savvy attorneys and trial consultants have begun to take internet juror research to the next level, investigating their personal lives by visiting social networking and media sites to which they may belong (i.e. Youtube, MySpace, Facebook, etc.).

Often a potential juror’s personal website, podcast or blog entries are far more revealing than the standard questionnaires used during jury selection.  After a series of standard inquiries, jurors will generally have the opportunity to provide any additional information that may be germane to their ability to view the case objectively.  But realistically, how many people would volunteer an unpopular bias or incendiary opinion (especially in a court room)?

These internet searches can yield a wealth of insightful information and can help you determine a juror’s value to your client, but an argument can be made that such an investigation invades one’s privacy.  Is there a reasonable expectation of privacy when information is posted online?  A password-protected Email account should be completely private (the NSA may disagree), but any personal OR business website is just as good as posting a billboard.  Usually it’s meant to be just that.

Reading this as a potential juror, you’re probably thinking that counsel doesn’t really need to know your favorite foods, what a fantastic time you had last weekend or whatever else you may be blogging. And you’re right.  But inevitably there will be some jurors that have a certain bias against a client or a natural sympathy for the opposition and choose NOT to express it during Voi dire, for a myriad of reasons.  A quick search of MySpace or Facebook can quickly uncover seemingly hidden predispositions, allowing you and your trial team to make the most of peremptory strikes.

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  1. 6 Responses to “Youtube as Legal Video?”

  2. By Scott Biggio on Aug 12, 2008

    Wow, I had heard that some HR departments had begun using Web 2.0 sites for hiring decisions, but now its applies to jury duty as well? I would be interested to know what % of attorneys use this tool…seems its a cost free way to find out just about anything you may want to know. Since on many sites you have to be a friend to view deeper into the personal site…could this practice be seen as inappropriate jury contact?

  3. By LA on Aug 12, 2008

    Makes sense that social media is used to review potential jurors, it is free and will weed out any uncharacteristic jurors not meeting a certain profile on a particular case.

  4. By Jerry Stelle on Aug 12, 2008

    Interesting concept. I see no invasion of privacy based on your description of the inquiries and acquiring additional information on jurors makes sense. I assume this procedure fits into the jury selection time line.

  5. By budcolburn on Aug 12, 2008

    The various ways there are of selecting jurors nowadays makes it difficult to answer this, the idea that they don’t tell the “whole truth” is foreign to me. I thought we were sworn to do so. Some “bend” the truth to their version which makes it harder to obtain the right testimony. If justice is to be done, then truth must be obtained.

  6. By Alle on Aug 13, 2008

    It is amazing what personal information and details people willing and excitedly share via their personal web pages. As a person who is responsible for hiring at work, I know that we definitely take a minute to check out potential employee MySpace and Facebook pages- they are always very telling… In selecting your jury, you want to have all of the facts about a potential juror, and utilizing these tools and resources I am sure would be very helpful.

  7. By Joe Nguyen on Jul 10, 2009

    I definitely agree that certain social media outlets such as Facebook and Myspace review a great deal of information about the individuals. To be able to select someone “suitable” for the jury through online research can really tip the favor towards the attorney. I’ve never even thought of such a strategy, but it’s so simple.. and scary. I wonder how much that law/social media/researcher job pays…

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