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Representing the Grand Jury Witness (From The Litigation Manual, P 969-976, 1989, John G Koeltl, ed. -- See NCJ-117323)

NCJ Number
H E O'Leary
Date Published
8 pages
This article guides attorneys in preparing their clients for grand jury testimony, assuming that the client has waived the fifth amendment's privilege against self-incrimination or has been compelled to testify by a grant of use immunity.
Counsel must deal with three things that separate the grand jury appearance from an ordinary civil deposition: the exclusion of the lawyer from the proceeding, client's testimony before a live fact-finding audience, and the lack of a transcript of the client's testimony available to counsel. The only way to address the exclusion of counsel from the grand jury room is to instruct clients to avail themselves of their right to leave the stand at any time to consult with counsel outside the grand jury room. To be safe, this should be done after each question. Since no transcript of the client's testimony is available to counsel, a debriefing with the client should be conducted immediately after the client's appearance. This may be assisted by notes taken by the client during proceedings. In suggesting grand jury reform, this article proposes the use of a U.S. magistrate as a one-person grand jury, the right of witness' counsel to be present during questioning, the transfer of some control over the proceedings from the prosecutor to the magistrate, and the availability to the witness of a testimony transcript.


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