Technology Predicts How Jurors Will Vote

I’ll get my soapbox moment out of the way early in this post: Rule 1.1’s duty of competence includes tech competence.


Now, here’s another area in which technology might impact the scope of the duty.  The ABA Journal has this story about Voltaire, a tech company that developed software that “can search through billions of data points, including public records and social media posts, and—within a matter of minutes—pull up all kinds of information on prospective jurors.”  Per the article, the company’s origins are in its CEO’s realization “that law firms didn’t do a very good job using technology to assist them in their cases.”

Hmm. Sounds familiar.

Anyhow, if you’re interested, check it out.  Seems we’ve come a long way from the days of Gene Hackman’s use of technology as a jury consultant.

Voltaire interests me not only from the perspective of a lawyer’s duty of competence, but from a social media standpoint.  Two years ago, I served on jury duty.  Much to my chagrin, I wasn’t picked for a single case.  I presume because the attorneys knew all they needed to know about me.  Still, had they used Voltaire, what more would they have learned about me?

Anyway, I digress.  Back to competence.

Rule 1.1 states that “[c]ompetent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” I am NOT saying that the duty of competence requires an attorney to use Voltaire (or a service like it) when picking a jury.  At least not yet.

Someday, a client who loses at trial will ask their attorney why the attorney didn’t make use available technology.  And that “ask” might be in the form of a disciplinary complaint or malpractice claim.  Then, the question will become whether reasonably necessary thoroughness and preparation for a jury trial includes using a technology like Voltaire’s.