Informal Opinion Number: 940191
Rules: 4.3;4.4
Transactions with Persons other than Clients
Dealing With Unrepresented Persons
QUESTION: Attorney proposes to contact jurors from a trial in which Attorney represented a party. Attorney will ask the jurors to sign an affidavit. ANSWER: No provision of the Rules of Professional Conduct prohibits contacting the jurors to ask them to sign an affidavit. As with any witness, the juror has no obligation to speak to Attorney or cooperate with Attorney´s efforts. Attorney must be especially careful in contacting jurors to avoid any conduct or questioning that might be viewed as harassment.
Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.
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