Social Media and the Law of Unintended Juror Contact
January 14, 2026 – New York Law JournalHerrick attorneys, Ronald J. Levine, Milton Springut and Jermaine A. Brookshire, Jr., authored an article for the New York Law Journal discussing the New York ethics rules surrounding social media use and juror selection.
In this article, they discuss a recent sanction that serves as a critical “wake-up call” for litigators regarding the dangers of automated social media notifications while undertaking juror research. Under New York’s ethical rules, even an inadvertent LinkedIn “profile view” or Facebook “like” could be found to constitute an impermissible communication that threatens trial integrity and an attorney’s professional license.
Read the full analysis to understand how the “unpredictability” of digital platforms can override lawyer supervision and the essential steps for implementing a compliant, matter-specific research protocol. Read the full article in the New York Law Journal here. Access may require a subscription.
A PDF of the article can be found here.
Reprinted with permission from the January 14, 2026, edition of the New York Law Journal © 2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or [email protected].