NCJ Number
61607
Journal
Trial Volume: 15 Issue: 10 Dated: (OCTOBER 1979) Pages: 30-33,61
Date Published
1979
Length
5 pages
Annotation
TECHNIQUES FOR LAWYERS TO EFFECTIVELY REPRESENT THEIR CLIENTS WHO ARE CALLED AS WITNESSES BEFORE GRAND JURIES ARE DISCUSSED BY AN ATTORNEY.
Abstract
THE GROWTH OF GRAND JURY INVESTIGATIONS HAS GREATLY INCREASED THE PROBABILITY THAT GENERAL PRACTITIONERS WILL BE INVOLVED IN SUCH CASES. ATTORNEYS THEREFORE NEED TO BE AWARE OF PROCEDURES AND STRATEGIES INVOLVED IN PREPARING THEIR CLIENTS TO TESTIFY. WITNESSES ARE USUALLY UNAWARE OF THEIR JEOPARDY IN TERMS OF POTENTIAL CONTEMPT OR PERJURY CHARGES, OR LOSS OF FIFTH AMENDMENT PRIVILEGE OR OTHER RIGHTS. IN ADDITION, WITNESSES FREQUENTLY SEE NO NEED TO HIRE A LAWYER EXPERIENCED IN CRIMINAL DEFENSE. MOREOVER, THE LAWYER MUST MAKE CERTAIN DECISIONS QUICKLY. A WITNESS SHOULD ALWAYS ARRANGE FOR A SUBPOENA, BECAUSE COMPELLED TESTIMONY RECEIVES FIFTH AMENDMENT PROTECTION AND THE SUBPOENA OFTEN INDICATES THE COURSE OF THE GRAND JURY INVESTIGATION. AFTER A WITNESS RECEIVES A SUBPOENA, THE LAWYER'S FIRST STEP SHOULD BE TO SECURE AN ADJOURNMENT TO PERMIT TIME TO PREPARE THE WITNESS. THE INITIAL CONFERENCE WITH THE CLIENT IS EXTREMELY IMPORTANT. THE LAWYER MUST DETERMINE THE WITNESS'S ROLE IN THE INVESTIGATION AND POTENTIAL PROBLEMS. THE WITNESS SHOULD BE GIVEN WRITTEN CARDS TO READ TO COVER ALL POSSIBLE SITUATIONS, INCLUDING INVOKING PRIVILEGES UNDER THE FIRST, FOURTH, FIFTH, SIXTH, OR NINTH AMENDMENTS, OR OTHER PRIVILEGES SUCH AS HUSBAND AND WIFE PRIVILEGE. OTHER PARTS OF WITNESS PREPARATION SHOULD INCLUDE REHEARSALS OF CROSS EXAMINATION, DESCRIBING QUESTIONS THAT SIGNAL FUTURE TROUBLE, AND ADVISING THE WITNESS TO OFFER TO ANSWER FURTHER QUESTIONS AT THE GRAND JURY SESSION'S CONCLUSION. THE WITNESS SHOULD ALSO UNDERSTAND PROPER USE OF THE RIGHT TO CONFER WITH COUNSEL OUTSIDE THE HEARING ROOM. WHEN THE GRAND JURY SESSION ENDS, THE CLIENT SHOULD IMMEDIATELY BE DEBRIEFED. THE COUNSEL'S MEMORANDUM OF THE DEBRIEFING MAY BE THE ONLY RECORD AVAILABLE DURING PREPARATION FOR THE LATER TRIAL. RELATED ISSUES, PROCEDURES, AND STRATEGIES ARE ALSO DISCUSSED. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)