Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A lawyer is representing a client in a complex civil litigation. During a break in the proceedings, the lawyer observes a juror having an extended, animated conversation with the opposing counsel's paralegal in the courthouse hallway, away from other jurors. The lawyer does not overhear the conversation. What is the lawyer's most appropriate action?
- AImmediately confront the paralegal and the juror about the conversation.
- BWait until after the verdict to raise the issue if the verdict is unfavorable.
- CAssume the conversation was innocuous and take no action, to avoid appearing overly suspicious.
- DInform the judge promptly and request an inquiry into the matter.
Show answer & explanationAnswer & explanation
Correct answer: D. Inform the judge promptly and request an inquiry into the matter.
A lawyer has a duty to uphold the impartiality and decorum of the tribunal. Any observed contact between a juror and an opposing party's representative, even if seemingly innocent, should be brought to the court's attention for proper investigation.
Why the other options are wrong
- A. Confronting them directly could be seen as improper interference and might exacerbate the situation or violate court rules.
- B. Waiting until after the verdict is too late and may waive the objection, undermining the fairness of the trial.
- C. Assuming innocence is irresponsible; the appearance of impropriety alone can be grounds for concern regarding jury impartiality.
Impartiality & Decorum of Tribunal
Lawyers must maintain the impartiality and decorum of the tribunal, avoiding conduct that could influence or appear to influence jurors or disrupt proceedings.
- Prohibits ex parte communications with jurors.
- Requires respect for the court and its processes.
- Applies to interactions with court personnel and witnesses.
Memory trick: To keep the 'COURT' fair, watch for 'IMPARTIALITY' like a hawk, and keep 'DECORUM' in check.