Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A lawyer is representing a client in a complex patent infringement case. During a jury trial, the lawyer notices that a juror is frequently falling asleep and appears disengaged. The opposing counsel does not seem to notice or ignores the situation. What is the lawyer's ethical obligation?
- AThe lawyer should discreetly bring the issue to the attention of the judge, outside the presence of the jury.
- BThe lawyer should continue with the trial, presuming the juror's disengagement is not significant enough to affect the outcome.
- CThe lawyer should remain silent, as calling attention to the juror might annoy the judge or draw negative attention to their side.
- DThe lawyer should immediately confront the juror directly during a break to ascertain their fitness to serve.
Show answer & explanationAnswer & explanation
Correct answer: A. The lawyer should discreetly bring the issue to the attention of the judge, outside the presence of the jury.
A lawyer has a duty to ensure the impartiality and decorum of the tribunal. Notifying the judge about a potentially impaired juror upholds the integrity of the judicial process.
Why the other options are wrong
- B. Presuming insignificant disengagement is a dereliction of the lawyer's duty to the tribunal and the judicial process.
- C. Remaining silent when a juror's impartiality or ability to serve is compromised violates the duty to maintain the tribunal's integrity.
- D. Directly confronting a juror is highly improper and could lead to a mistrial or sanctions against the lawyer.
Impartiality of Tribunal (Juror Conduct)
A lawyer must not seek to influence a judge, juror, prospective juror or other official by means prohibited by law, and has a duty to report improper juror conduct to the court.
- Duty to uphold integrity of the judicial process.
- Report issues affecting juror impartiality/ability to serve.
- Actions must be discreet and through the judge.
Memory trick: Judges, Jurors, Justice: Keep Them Clean.