A misbehaving juror can cost you your verdict. Protect your verdict. You must monitor juror activity on the Internet and Social Media. Time is of the Essence. You should request that a misbehaving juror be removed immediately before the juror taints the entire jury.
Jury DeSelection. Voir Dire Question Techniques for Discovering Juror Bias and Proving a Successful Challenge for cause.
Establishing grounds for a challenge for cause is probably one of the trial attorney's most challenging tasks in jury selection. The juror's sworn promise to "set aside" a personal bias--negative attitude, opinion or experience--and follow the law and evidence overrides the personal bias. In voir dire trial attorneys must avoid "prehabilitating" a juror so that they win a challenge for cause.
Jury Selection: Practical Advice for Picking a Jury Trail lawyer Kurt Lloyd teaches at Chicago Bar Association, Continuing Legal Education Event, February 22, 2017.
Jury Selection: Do Attorneys Have a Duty to Review a Prospective Juror's Social Media Persona?
A trial lawyer's ethical duty to maintain competence in the use of technology compel a reasonable investigation of the social media profiles of sworn jurors.
Many years ago, trial lawyers often engaged in "indoctrination" tactics during voir dire. These tactics were attempts to pre-try the case in voir dire. However, more recent Illinois Appellate decisions have approved of trial attorneys' asking anticipated evidence. i.e. basic fact voir dire questions.
In jury selection, trial lawyers need to learn the attitudes and beliefs of prospective jurors. To do so, the lawyer must 1) understand the case law on the permitted scope and subject matters of voir dire questioning, and 2) use voir dire techniques that allow jurors to reveal their true beliefs.
The plaintiff's lawyer should file a Motion in Limine to exclude evidence of informed consent in any direct medical negligence case. Remember: a case alleging lack of informed consent is different from a direct medical negligence case. Evidence of informed consent does not prove or disprove whether the defendant surgeon did the procedure correctly.
The plaintiff's trial lawyer need adequate time to conduct an effective voir dire examination in jury selection. He has the burden to show adequate time needed. He should prepare and submit well organized additional voir dire subject matters and questions.
A trial lawyer has ethical limits on researching prospective juror's social background using the juror's social media presence. The trial lawyer cannot communicate with a juror. You may look at publicly posted information, but no "friending" a juror to gain access to his social media page.