Andrea Weckerle

Admittedly I’ve been writing quite a bit about legal-related issues lately. Not because they’re always the most scintillating, but because they’re darn important. (Maybe we could even talk about some of them them during one of the monthly Communicator Meetups Kami Huyse is organizing in Second Life — and if Kami promises to be as entertaining as last time, it’d definitely be fun.)

It’s my view that we as communications professionals need to know, at a minimum, the very basics in order to help prevent our clients from hanging themselves. Lawyers should obviously be consulted as needed — although unfortunately, as Tom Biro points out, even they don’t always seem to get it right.

So here’s another development on the legal front, one that perhaps isn’t usually anticipated when an individual or a company starts blogging: blog contents being examined as part of of the jury selection process in order to reduce the potentially adverse affects on a trial and to avoid rogue jurors. Especially for PR professionals active in corporate affairs, reputation management, crisis communication etc., this is something to keep in mind.

The proliferation of blogs and other similar tools raises another interesting question. To what degree would commenting on a blog be regarded as impermissible contact between counsel and opposing party, or between counsel and juror? Certainly lawyers know that they cannot reveal certain information about an active case (and there are rules governing what can be said about past cases as well), but what would prevent a juror from finding an attorney’s blog and leaving comments there? My guess is that jury instructions don’t yet universally address that.

And to what degree would someone’s online statements or prior interaction between an attorney and a potential juror impact the voire dire process, such as dismissing an individual via peremptory challenge or for cause? This isn’t mere conjecture. Take a look at this recent online exchange: Although it’s unlikely that these two individuals will meet in a court of law, Richmond, Virginia prosecutor Tom McKenna has stated that he’d "definitely be striking him [Chicago-based  Mark Draughn] off any of my jury panels."

Things to think about.

(Photo from tizzie)