How many lawyers ask prospective jurors for their Twitter name during voir dire? My guess is not many. But in an article on Planet10Tech.com called "Twitter in Court: Find Out Who Is Tweeting," attorney Tomasz Stasiuk suggests that lawyers in a trial should keep an eye on what jurors are tweeting about with their friends. As Stasiuk points out, "The more people feel they are trapped somewhere they do not want to be . . . the more likely they are to be tweeting about it to their friends."
Social media offers the opportunity to learn far more about jurors than was possible in the past. Stasiuk's article is a thought-provoking piece that should be read by all trial lawyers planning their voir dire questions for trial. While some may find it disturbing to realize how much information can be gleaned about people, it would be far more disturbing to let someone on a jury who is tweeting negative comments about your client to his friends.
Do you think questions about social media are appropriate in voir dire? Do you foresee problems convincing judges that the questions are appropriate? Share your thoughts in the Comments section below, or discuss it in our Forum.
And for those interested in following my Twitter posts, you can follow me at StubbornWriter.
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