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Ezel / Ethics Opinions / OSB
OSB 2005

Can an Oregon lawyer contact jurors after a trial has ended?

Short answer: This opinion no longer states current guidance. Oregon State Bar Formal Opinion 2005-9 has been superseded and replaced by OSB Formal Opinion 2005-143, which is the operative opinion on communicating with jurors after trial.

Apply this to your situation

This page answers the general question as of 2005. Ezel answers yours: whether it's allowed on your facts, under the current Oregon Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2005
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Oregon State Bar Formal Opinion 2005-9 addressed communicating with jurors after a trial. The opinion has been superseded and replaced by OSB Formal Ethics Opinion 2005-143. The text of 2005-9 directs the reader to that replacement opinion, which now states the bar's guidance on the topic.

Currency note

The Oregon State Bar has marked Formal Opinion 2005-9 as superseded and replaced by OSB Formal Opinion 2005-143. Treat this page as a historical pointer, not current guidance, and rely on the replacement opinion for the bar's current position on contacting jurors after trial.

Common questions

Q: Is OSB Formal Opinion 2005-9 still good guidance?

A: No. The opinion has been superseded and replaced by OSB Formal Opinion 2005-143, which is the operative opinion on post-trial juror communication.

Background and rules framework

Post-trial communication with jurors is governed by Oregon RPC 3.5 (impartiality and decorum of the tribunal), which tracks Model Rule 3.5. The bar's current analysis appears in the replacement opinion, OSB Formal Opinion 2005-143.

Citations and references

Rules of Professional Conduct:

  • Oregon RPC 3.5 / Model Rule 3.5 (impartiality and decorum of the tribunal)

See also

Source

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