Could trial counsel contact former jurors and ask them to sign an affidavit?

Short answer The opinion identified no professional-rule ban on the contact. It said jurors had no duty to speak or cooperate and warned against conduct or questioning 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

A lawyer wanted to contact jurors from a trial in which the lawyer represented a party and ask them to sign affidavits.

The opinion found no provision of the Rules of Professional Conduct prohibiting the contact. It said the jurors, like other witnesses, did not have to speak or cooperate. It also cautioned the lawyer to avoid conduct or questions 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 professional rules bar asking jurors for affidavits?

A: The opinion identified no such prohibition.

Q: Were jurors required to cooperate?

A: No. The opinion said they had no obligation to speak or assist.

Q: What contact concern did the opinion identify?

A: Conduct or questioning that might be viewed as harassment.

Background and rules framework

The opinion addressed post-trial juror contact under the Rules of Professional Conduct without citing a numbered rule. It separated permissibility of asking from jurors' choice to decline and cautioned against conduct viewed as harassment.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940191/

Original opinion text

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

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.

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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