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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

Attorney present?

Is it a general practice for an attorney to be present during his/her clients testimony in a grand jury inquiry/examination?

Response: It's absolutely not allowed in the federal system--in the federal system, the attorney sits outside the grand jury room and the witness has to ask the prosecutor's permission to go outside and consult with his/her attorney. The U.S. Supreme Court said the witness has to be given a "reasonable" opportunity to do so, and that means the witness' attorney and the prosecutor have to negotiate out what is "reasonable" in a given situation. . . . Is it after every question (which prosecutors don't like because that delays things and undercuts the intimidation of the process)? After every three or four questions (which witness attorneys don't like, because that means the witness may get confused and answer questions the attorney would have told them not to answer)?

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