Informal Opinion Number: 970168

QUESTION: Attorney represented client in a criminal matter. May Attorney interview the discharged jurors; the criminal case is now on appeal? ANSWER: No provision of Supreme Court Rule 4, prohibits this contact. As with any witness, the juror has no obligation to speak to Attorney. Attorney must be especially careful in contacting jurors to avoid any conduct or questioning that might be viewed as harassment. This opinion only addresses juror contact under Supreme Court Rule 4. It does not address juror contact under any other Supreme Court rule, local rule or statute.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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