QUESTION: Attorney proposes to contact jurors from a trial in which Attorney represented a party. Attorney will ask the jurors to sign an affidavit. ANSWER: No provision of the Rules of Professional Conduct prohibits contacting the jurors to ask them to sign an affidavit. As with any witness, the juror has no obligation to speak to Attorney or cooperate with Attorney´s efforts. Attorney must be especially careful in contacting jurors to avoid any conduct or questioning that might be viewed as harassment.

QUESTION: Attorney represented a defendant in a trial resulting in a defense verdict. Plaintiff´s counsel is alleging juror misconduct and indicates that one juror will provide testimony on that allegation. Attorney proposes to contact the juror to interview the juror. ANSWER: No provision of the Rules of Professional Conduct prohibits this contact. As with any witness, the juror has no obligation to speak to Attorney. Attorney must be especially careful in contacting jurors to avoid any conduct or questioning that might be viewed as harassment.

QUESTION: Attorney is a criminal defense attorney. (1) What is Attorney´s duty to a state´s witness who asks Attorney whether he is required to honor a subpoena served on behalf of the prosecutor? (2) What if the state´s witness tells Attorney the witness no longer wishes to prosecute? (3) What if a witness for either side who has not been interviewed wishes to speak with the witness" own attorney before speaking with Attorney? (4) What if defense counsel knows that a potential state´s witness is likely to incriminate himself if he is interviewed? Would it be appropriate for Attorney to arrange for counsel for this witness? (5) If Attorney knows that a witness will incriminate himself or herself when testifying, must Attorney take steps to alert the court in advance? May Attorney call the witness? ANSWER: (1) Under Rule 4-4.3, it would be improper for counsel to give the witness any advice. Attorney may only suggest that the witness get advice from his or her own attorney. (2) Same answer as (1) but Attorney may advise the witness to communicate the information to the prosecutor. (3) Attorney may not speak to the witness unless the witness voluntarily agrees to do so or the appropriate legal process is used. (4) Same answer as to (1). It would be improper for Attorney to arrange counsel for the witness. (5) Attorney has a duty of undivided loyalty to the client. If Attorney´s concerns about the witness will interfere with Attorney´s duties to the client, under Rule 4-1.7(b), Attorney must seek to withdraw.