Now that New Jersey courtrooms have Wi-Fi capability, trial lawyers with wireless laptops have a distinct edge: the ability to Google prospective jurors at the counsel table.
And an appeals court has given its blessing to the practice, reversing a trial judge who told a lawyer to disconnect lest he gain an unfair advantage.
"That [plaintiff's counsel] had the foresight to bring his laptop computer to court, and defense counsel did not, simply cannot serve as a basis for judicial intervention in the name of 'fairness' or maintaining 'a level playing field,'" the court said on Aug. 30 in Carino v. Muenzen, M.D., A-5491-08.
"The playing field was, in fact, already 'level' because Internet access was open to both counsel, even if only one of them chose to utilize it."
During a Morris County medical malpractice trial on May 14, 2009, Superior Court Judge David Rand -- in response to an objection by defense counsel -- asked plaintiffs lawyer Mitchell Makowicz Jr. if he was Googling jurors' names:
THE COURT: Are you Googling these [potential jurors]?
[PLAINTIFFS COUNSEL]: Your Honor, there's no code law that says I'm not allowed to do that. I -- any courtroom --
THE COURT: Is that what you're doing?
[PLAINTIFFS COUNSEL]: I'm getting information on jurors -- we've done it all the time, everyone does it. It's not unusual. It's not. There's no rule, no case or any suggestion in any case that says ... .
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Source: law.com
By: Charles Toutant
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