Juror Research in Tennessee: What Attorneys and Investigators Can and Cannot Do
Short answer: Attorneys in Tennessee may research prospective jurors using public information, including passive review of public social media, but neither the attorney nor anyone working for the attorney, such as an investigator or paralegal, may communicate with a prospective or seated juror. That means no friend requests, no follow requests to private accounts, no messages, and no contact with jurors' families or workplaces designed to reach them. American Bar Association Formal Opinion 466 recognizes passive review of a juror's public online presence as permissible, and Tennessee's Rules of Professional Conduct prohibit improper communication with jurors and make lawyers responsible for the conduct of the non-lawyers they direct. Done within those limits, juror research helps counsel ask better voir dire questions, exercise challenges intelligently, and detect juror misconduct during trial.
Last updated October 2026 · Delator Group, Tennessee
Key takeaways
Passive review of public information is generally permitted. Any communication with a juror, direct or indirect, is not.
Lawyers are responsible for investigators and staff who conduct juror research on their behalf. Instructions should be in writing.
Some platforms notify users when someone views their profile. Counsel should understand those features before research begins and follow any court order on juror research.
Research is most valuable when it feeds specific voir dire questions, not when it builds personal dossiers.
During trial, monitoring jurors' public posts can detect misconduct such as discussing the case or researching it online, which must be raised with the court rather than acted on privately.
What does the ABA say about researching jurors online?
ABA Formal Opinion 466, issued in 2014, addresses lawyers reviewing jurors' internet presence. Its core points are widely followed:
A lawyer may review a juror's or potential juror's internet presence that is publicly available, as long as the lawyer does not communicate with the juror.
A lawyer may not, personally or through another, send an access request, such as a friend or follow request, to a juror's private account. That is a communication.
When a platform automatically notifies a juror that someone viewed their profile, the ABA concluded that the notification alone is not a communication by the lawyer, though some state and local bar opinions have taken a more cautious view.
If a lawyer discovers evidence of juror misconduct that is criminal or fraudulent, the lawyer must take reasonable remedial measures, which can include disclosure to the court.
Because ethics opinions vary and judges may issue their own instructions, the safest practice is to know the presiding judge's expectations and to configure research methods so jurors are not notified of profile views.
What do Tennessee's ethics rules require?
Tennessee's Rules of Professional Conduct prohibit lawyers from seeking to influence jurors by improper means and from communicating ex parte with jurors or prospective jurors during the proceeding unless authorized by law or court order. Lawyers are also responsible for ensuring that non-lawyer assistants act consistently with the lawyer's professional obligations, and a lawyer cannot violate the rules through the acts of another. In practice, an investigator conducting juror research is an extension of the lawyer. If the lawyer could not do it, the investigator cannot do it either.
What can a juror research investigation lawfully include?
Public court records. Prior lawsuits, criminal cases, divorces, evictions, and other matters that may bear on bias or that the juror failed to disclose in a questionnaire.
Public property and business records. Property ownership, business affiliations, and professional licenses.
Public social media and websites. Posts, comments, reviews, and group memberships visible without logging in to a connection or sending any request.
News and publications. Letters to the editor, quoted comments, published work, and public statements on issues relevant to the case.
Public political and civic activity, where relevant and lawful to consider.
Research should never be used to support challenges based on race, sex, or other protected characteristics. Peremptory challenges remain subject to Batson and its progeny, and juror research does not change that.
What is off-limits?
Sending friend, follow, or connection requests to a juror, or asking someone else to do so.
Messaging, commenting on, or reacting to a juror's posts.
Using fake profiles or pretext to see private content.
Contacting a juror's family, friends, coworkers, or employer to learn about the juror during the case.
Conducting surveillance of jurors or appearing near their homes or workplaces.
Ignoring a court order restricting juror research.
How should a firm run juror research during trial?
Get the list and the rules. Learn when the venire list is available in that court and whether the judge has any orders on juror research.
Write the instructions. Give the investigator written research parameters: public information only, no requests or messages, no logged-in viewing where it would trigger notifications, no contact with anyone connected to the juror.
Prioritize. With limited time between list and voir dire, focus on red flags related to the issues in the case: prior litigation of the same type, strong public statements on the subject, ties to parties, witnesses, or counsel.
Convert findings into questions. The most useful output is a short memo per juror with documented sources and suggested voir dire questions.
Monitor public activity during trial. Where permitted, periodically check jurors' public posts for discussion of the case. Report any potential misconduct to counsel immediately so it can be brought to the court.
Can attorneys contact jurors after the verdict?
After the jury is discharged, contact may be permissible, but it remains limited by ethics rules, local rules, and any court order. Lawyers may not communicate with a juror who has made known a desire not to communicate, and may not use misrepresentation, coercion, duress, or harassment. Tennessee Rule of Evidence 606(b) also sharply limits what jurors can testify about regarding deliberations, with exceptions for matters such as extraneous prejudicial information and outside influence. Post-verdict interviews should be planned with those limits in mind.
Frequently asked questions
Can a lawyer look at a juror's Facebook or Instagram?
A lawyer may review content that is publicly visible without sending any request. Sending a friend or follow request to see private content is a prohibited communication.
Does LinkedIn's "who viewed your profile" feature create a problem?
The ABA concluded that an automatic notification is not, by itself, a communication by the lawyer, but some bar authorities disagree. The cautious approach is to configure accounts so views are anonymous or to avoid logged-in viewing.
Can a private investigator research jurors for my trial?
Yes, within the same limits that apply to the lawyer. The investigator should work from written instructions limiting research to public information with no contact.
What should I do if a juror posts about the case?
Preserve the post with date and time, and bring it to the court's attention promptly through proper channels. Do not respond or contact the juror.
How quickly can juror research be completed?
It depends on the number of jurors and how early the list is available. Investigators prioritize jurors and issues so the most useful findings are ready before voir dire.
Does Delator Group support trial teams statewide?
Yes. Delator Group provides litigation support, records research, and witness location for trial teams in all 95 Tennessee counties. See our criminal defense investigations and attorney services.
Research jurors without risking the case
Good juror research sharpens voir dire. Careless juror research creates mistrials and bar complaints. Delator Group conducts disciplined, documented, public-source juror research under counsel's direction. Contact us to plan research for an upcoming trial.
