Supreme Court Makes Clear Post-Trial Communication with Jurors Allowed

A Supreme Court order filed February 19 adds to comments for Tenn. Sup. Ct. R. 8, RPC 3.5(c) to clarify that attorneys are permitted to communicate with jurors or prospective jurors after the jury has been discharged "unless the communication is
prohibited by law or a court order entered in the case or by a federal court rule ..."

The comment also cites State v. Thomas. 813 S.W. 2d. 395 (Tenn. 1991): ""After the trial, communication by a lawyer with jurors is permitted so long as he [or she] refrains from asking questions or making comments that tend to harass or embarrass the juror or to influence actions of the juror in future cases. Were a lawyer to be prohibited from communicating after trial with a juror, he [or she] could not ascertain if the verdict might be subject to legal challenge, in which event the invalidity of a verdict might go undetected."

The change is effective May 1, 2015. The order can be viewed here.