Could defense counsel interview a juror after an opposing party alleged misconduct?

Short answer The opinion identified no professional-rule prohibition. It said the juror could decline to speak and cautioned counsel to avoid conduct or questions that might be viewed as harassment.

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MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

After a defense verdict, plaintiff's counsel alleged juror misconduct and indicated a juror would testify. Defense counsel proposed interviewing that juror.

The opinion found no provision of the Rules of Professional Conduct prohibiting the contact. It said the juror had no obligation to speak and cautioned against conduct or questioning that could be viewed as harassment.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the ethics rules prohibit the proposed interview?

A: The opinion identified no such prohibition.

Q: Did the juror have to speak with counsel?

A: No. The juror could decline.

Q: What limit did the opinion emphasize?

A: Avoid conduct or questioning that might be viewed as harassment.

Background and rules framework

The opinion addressed post-verdict juror contact under the Rules of Professional Conduct without citing a numbered rule. It recognized voluntary participation and cautioned against harassment.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940185/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represented a defendant in a trial resulting in a defense verdict. Plaintiff´s counsel is alleging juror misconduct and indicates that one juror will provide testimony on that allegation. Attorney proposes to contact the juror to interview the juror. ANSWER: No provision of the Rules of Professional Conduct 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.

What do the rules say today, for your facts?

This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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