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August 10, 1977 - Image 6

Resource type:
Text
Publication:
Michigan Daily, 1977-08-10

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Page Six

! t""I t 1V1 I k-" I UA IN UP11 L Y

Nednescl ay, August i U, IV i7

ABA supports grand
jury system reforms

CUICAGO 4; - Over oppo-
sition from Atty. Gen. Griffin
Bell, the nation's largest law-
yers' group voted on yesterday
to support reforms in the na-
tion's grand jury system -
incliding allowing witnesses to
bring attorneys with them
when they face the jury.
The American Bar Associa-
tion (ABA), at its annual sum-
mer meeting, endorsed bills
pending in Congress that would
allow attorneys in the jury
room and make changes in the
types of criminal immunity pro-
secutors could grant witnesses.
THE ABA'S House of Dele-
gates approved the proposed
changes by a vote of 186 to 93,
despite a warning from Bell.
that "You are proposing a
remedy that is ntuch broader
than the wrong you have
found."
BHell called the lawyer in the
jury room, portion of the pro-
posal a "lawyer relief act" that
would serve only to generate
business for attorneys, and said
it would render the grand jury
system "unworkable."
The proposal's backers, led
by State Attorney Richard Ger-
stein of Miami, argued that the
changes are necessary to stem
abuses of power by prosecutors.
INSTEAD OF serving as a
shield for the innocent, the
grand jury system has become
a powerful and often unfair
weapon for prosecutors, said
Gerstein, himself a prosecutor
for more than 20 years.
One Washington attorney at-
tending the convention a n d
close to the grand jury reform
movement said, "I had the feel-
ing Congress was keeping the
legislation in a holding pattern,
waiting to see what the ABA
would do. If this proposal were
voted down, rejection by Con-

gress would have been a cer-
tairty."
T H E ASSOCIATION'S gov-
erning body approved most of
the 27 separate principles on
grad jury reform presented to
it by a committee headed by
Gerstein, but rejected two parts
of the proposal at the request
of Bell and Benjamin Civiletti,
assistant attorney general in
charge of the Justice Depart-
ment's Criminal Division.
As endorsed by the ABA, a
trade group representing more
than half the nation's 400,000
lawyers, the grand jury pro-
posal would allow witnesses to
be accompanied by an attor-
ney. The lawyer, however,
could only advise the client-
not speak to the jury or object
to any phase of the proceed-
ings.
Bell said the safeguards
would not work ,and that the
judicial process would be slow-
ed down by such a change.
HE ALSO argued that a wit-
ness who could not afford an
attorney but wanted one prob-
ably would have a constitution-
al right to have one appointed
by the presiding judge.
The proposed changes would
also ban prosecutors from us-
ing so called "use immunity,"
in which a witness can be giv-
en immunity from prosecution
for the questions he or she ans-
wers before the grand jury but
still can be prosecuted for the
crimes being investigated.
The ABA backed "transac-
tional immunity" under which
a witness granted immunity to
testify about any aspect of a
crime could not be prosecuted
in connection with that crime.
At the turn of the century one
out of every ten hardwood trees
at the sawmill in the United
States was a chestnut.

You found me under a cabbage leaf?
Nisse-month-old Nathanial Mayes of Mt. Clemens thinks the cabbage leaf version of his origins
sounds a little suspicious, but he's content to let Dad keep on hoeing.

Few attorneys opt to advertise

fly The Associated Press
While the American Bar As-
sOuiation (ABA) tries to decide
when and how it is proper for
lawyers to advertise, a few at-
torneys in scattered parts of the
country already have taken out
ads promoting their services
and fees.
Aspot check showed, tiowever,
that the trend is slow in de-

veloping. The June decision of
the U.S. Supreme Court in fa-
vor of advertising by lawy-rs
did not bring any big push for
publicity in the legal profession.
PART OF THE hesitancy ap-
pears due to confusion over
what type of ads are acceptable
under the court decision and
part seems to stem from a re-

anay p
ae
American
CancerSociety

Classiied
Ads rl/1

luctance to break a lengthy tra-
dition of avoiding personal, pub-
licity.
Two proposals are under con-
sideration at the ABA conven-'
tion that began in Chicago last
week. One spells out the kind of
information that could appear in
ads, including name, specialties,
edu'cational background, f e e s
and acceptance of credit cards.
The other is less specific, but
generally bans any advertising
which is "false, fraudulent, mis-
leading or deceptive." Both pro-
posals advise that "self-lauda-
tion should be avoided:'
The proposals generally deal
with print rather than broadcast
advertisements. They would al-
low advertising in the electronic
media only if authorized by
state courts or other agencies
responsible for regulating law-
yers' conduct.
THE PHOENIX, Ariz., law
firm which originally argued be-
fore the Supreme Court against
advertising has asked for .a re-
hearing, charging that the ads
already have gotten out of hand.
In his brief, John Frank of
Lewis and Roca said he had re-
ceived a notice from a direct
mail agency which offered to
include legal ads in envelopes
with a circular also advertising
turnip greens, hominy grits and
pizza.
The survey showed, however,
that such tales are few. News-
papers, generally report they
have received only scattered ads
from lawyers. The advertise-
ments that have been placed are

subdued and limited in scope.
Most lawyers said it was too
early to tell whether the ads
boosted business.
Joanna Morland, executive di-
rector of the Dallas Bar Associa-
tion, reported only two adver-
tisements since the court deci-
sion. They related to simple, un-
contested divorces and personal
bankruptcy.
ROBERT THOMAS, president-
elect of the Dallas group, said:
"I am anxious to see some ex-
,perimentation in the field . . .
I don't think that we are going
to have any problems. I think
the lawyers are going to be re-
sponsible."
Carl Bradford of Freeport,
Maine, the president of his
state's bar group, said about a
dozen l a w y e r s have placed
newspaper ads so far. Others
are taking out block-type notices
in the Yellow Pages.
"By and large, I would not
say that advertising by lawyers
is something that has caught
on," Bradford said, citing tradi-
tion and "ties to the past" as
reasons for the lack of enthu-
siasm and noting that many of
the ads have been placed by
lawyers just starting out in
practice.
Salado says
Only one who can see the in-
visible can do the impossible.
Admiral Nelson of England
won the Battle of Trafalgar
against the French in 1805.

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