Key Takeaway
Learn proper lawyer ethics when encountering jurors outside court. Expert analysis of LaChapelle v McLoughlin case from NYC and Long Island legal perspective.
Lawyer Ethics: What to Do When a Juror Approaches You in a Parking Lot
When you’re a practicing attorney in New York, particularly in Nassau County or Suffolk County on Long Island, unexpected encounters with jurors can create serious ethical dilemmas. The legal profession demands strict adherence to rules that protect the integrity of our judicial system, and one of the most critical boundaries involves any contact between attorneys and sitting jurors.
The LaChapelle Case: A Real-World Example
In LaChapelle v McLoughlin, 2009 NY Slip Op 09193 (2d Dept. 2009), we learn that the attorney should walk away and do nothing.
During the trial of this action, and after the jury had been discharged for the day, one of the jurors returned to the parking lot to find that her car would not start. The juror then noticed the respondents’ attorney nearby and asked if he could give her car a “jump” start. The attorney properly responded that he was not allowed to talk to the juror, but that he would go into the courthouse and inform a court officer. This was the entire encounter between the two and, in fact, by the time the respondents’ attorney emerged from the building, the juror already had obtained assistance from two other people. After this juror was questioned by the court and the plaintiff’s counsel, and after she assured the court that the “incident” would have no effect on her ability to be fair and impartial, the court concluded that the juror should not be removed from the panel. We agree.
Understanding Jury Contact Rules in New York
The Fundamental Principle
The prohibition against attorney-juror contact exists to preserve the sanctity of the jury deliberation process. In New York, this principle is codified in several places, including the Rules of Professional Conduct and various court decisions that have shaped legal practice throughout the state.
For attorneys practicing in Long Island courts, including those in Nassau County (such as the courts in Mineola, Hempstead, and Garden City) and Suffolk County (including courts in Riverhead, Central Islip, and Hauppauge), these rules are strictly enforced. The stakes are particularly high in personal injury cases, where jury verdicts can significantly impact both plaintiffs seeking compensation and defendants facing potential liability.
What Constitutes Improper Contact?
New York courts have consistently held that any substantive communication between an attorney and a sitting juror is prohibited. This includes:
- Discussing the case or any related matters
- Offering assistance or favors
- Engaging in casual conversation that could be perceived as attempting to influence
- Any conduct that might appear to be seeking advantage
The Proper Response Protocol
Immediate Actions
When confronted by a juror seeking assistance, as happened in LaChapelle, the attorney’s response demonstrates the gold standard for handling such situations:
- Politely decline to engage – The attorney properly stated he was not allowed to talk to the juror
- Seek official assistance – He immediately went to inform a court officer
- Maintain distance – He avoided any prolonged interaction
Long-Term Considerations
After such an encounter, several steps should be taken:
- Immediate disclosure to the court
- Documentation of the exact nature of the interaction
- Cooperation with any court inquiry
- Possible motion practice if the incident could affect the trial
NYC and Long Island Context
Local Court Practices
In the bustling court systems of New York City and Long Island, attorneys frequently encounter jurors in courthouse hallways, parking lots, elevators, and nearby restaurants. The density of legal activity in these areas makes such encounters more likely than in rural jurisdictions.
Nassau County’s courthouse complex in Mineola, for example, serves a large population and handles thousands of cases annually. Similarly, Suffolk County’s various courthouse locations process significant caseloads, creating numerous opportunities for inadvertent attorney-juror contact.
Practical Challenges
Long Island attorneys face unique challenges:
- Parking lot encounters are common given the suburban courthouse settings
- Local dining establishments near courthouses are frequented by both attorneys and jurors
- Public transportation situations can create unexpected contact opportunities
Broader Implications for Legal Practice
Case Strategy Considerations
The LaChapelle decision reinforces that courts will carefully evaluate each situation on its merits. The key factors include:
- The nature and extent of the contact
- Whether the contact was initiated by the attorney or juror
- The attorney’s response to the situation
- Any potential impact on the juror’s impartiality
Professional Responsibility
For attorneys practicing in New York, this case serves as an important reminder that professional responsibility extends beyond the courtroom. Even seemingly innocent encounters can have serious implications for ongoing litigation.
Frequently Asked Questions
Q: What should I do if a juror approaches me for directions to the courthouse?
A: Politely explain that you cannot speak with them due to ethical rules, and suggest they ask a court officer or security personnel for assistance. Document the encounter and consider disclosing it to the court.
Q: Can I acknowledge a juror with a simple nod or greeting in a courthouse hallway?
A: It’s best to avoid even minimal acknowledgment. While a brief, inadvertent eye contact might be unavoidable, any intentional gesture of recognition should be avoided to prevent any appearance of impropriety.
Q: What happens if I accidentally have a brief conversation with a juror before realizing their status?
A: Immediately terminate the conversation, disclose the incident to the court as soon as possible, and document exactly what was discussed. The court will then determine if any remedial action is necessary.
Q: Are there different rules for different types of cases?
A: No, the prohibition against jury contact applies equally to all cases, whether civil or criminal, high-stakes or routine. The fundamental principle of protecting jury integrity remains constant.
Q: What if the juror recognizes me from previous cases?
A: You should not acknowledge this recognition or engage in any discussion about previous cases. If the juror mentions prior encounters, this should be immediately disclosed to the court as it could affect their impartiality.
Conclusion
The LaChapelle case provides clear guidance for New York attorneys: when confronted by a juror seeking assistance, the proper response is to politely decline engagement and seek official help through court personnel. This approach protects both the integrity of the judicial process and the attorney’s professional standing.
For attorneys practicing throughout New York City and Long Island, this decision serves as an essential reminder that our professional obligations extend beyond the courtroom walls. Whether you’re handling a personal injury case in Nassau County, a commercial dispute in Manhattan, or a family matter in Suffolk County, the principles established in LaChapelle should guide your conduct.
Need Legal Representation?
If you’re facing a legal challenge and need experienced representation that understands both the law and the ethical obligations that ensure justice, call the Law Office of Jason Tenenbaum at 516-750-0595. Our team is committed to providing skilled legal advocacy while maintaining the highest professional standards.
This article is provided for informational purposes only and does not constitute legal advice. Every legal situation is unique and requires individual analysis.
