Could trial counsel interview a juror after trial while the juror remained on the current panel?

Plain-English summary

The committee considered two purposes for interviewing a juror after a civil or criminal trial but before the juror's current panel term ended: learning the juror's reaction to the case and investigating possible tampering or misconduct affecting the verdict.

It read EC 7-29 and DR 7-108 as permitting both purposes after the jury was discharged from the case. The interview could not be calculated to harass or embarrass the juror or influence future jury service, and the lawyer could not conduct a vexatious or harassing investigation.

The committee strongly warned that contact before the panel term ended would likely disqualify the lawyer from later work with that panel. It also pointed to 12 V.S.A. §1947 concerning food or drink given to a juror by a prevailing party.

Currency note

This opinion was issued in 1979 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.

Common questions

Q: Could counsel ask about a juror’s reaction to witnesses and lawyers?

A: Yes, after the trial, subject to the limits on harassment, embarrassment, and influence on future service.

Q: Could counsel investigate possible jury tampering?

A: Yes. The committee permitted a posttrial interview for that purpose.

Q: Did continued service on the jury panel bar all contact?

A: No, but the committee warned such contact would likely disqualify counsel from further work with that panel.

Background and rules framework

The opinion applied former EC 7-29 and DR 7-108(A)–(G) to contacts before, during, and after trial.

Citations and references

Vermont Code of Professional Responsibility:

• Canon 7; EC 7-29; DR 7-108(A)–(G).

Statute cited:

• 12 V.S.A. §1947.

See also

• Missouri Informal Op. 940185: Interviewing a juror about misconduct
• Missouri Informal Op. 940191: Posttrial juror contact

Source

• Landing page: VBA topic page
• Original PDF: Vermont Advisory Opinion 79-03
• Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”