The Florida Bar

Ethics Opinion

Opinion 74-6

June 14, 1974
Advisory ethics opinions are not binding.
The same ethical considerations that apply to communication or contact between a lawyer and
petit jurors before, during and after trial apply to communication or contact with grand jurors.

EC 7-29; DR 7-108(B)(1), 7-108(D)
Vice Chairman Sullivan stated the opinion of the committee:
We have been asked for our opinion about the propriety of the following:
After indictment by a federal grand jury, defendant was arraigned, retaining counsel.
On the morning of a subsequent meeting of the same grand jury, defendant’s
lawyer appeared at the federal building, introduced himself to one of the grand
jurors and told him that he had information relating to the indictment the grand
jury had returned against the defendant. They lawyer asked the grand juror to do
what he could to obtain permission for the lawyer to appear before the grand jury
that day in an effort to get the jury to reconsider the indictment.
Counsel did not contact or communicate with the grand jury foreman orally
or in writing.

EC 7-29 and DR 7-108(B)(1) and (D) of the Code of Professional Responsibility deal
with contact with petit jurors and communication or contact between a lawyer and a juror before,
during and after trial. The Committee is of the opinion that the same considerations apply to
communication or contact with grand jurors and that the action of the lawyer was improper.