that determination occurred too early in the case to be of any use. For example, whether a witness's statement should be barred because it was hearsay is an extremely complicated issue that no layman could readily confront, and such a situation arises only during a trial.

As a second point, Fortas presented during oral argument that it was widely accepted in the legal community that the first thing any reputable lawyer does when accused of a crime is hire an attorney. As an example, Fortas noted that when