Why You Should Never Talk to the Police

http://video.google.com/videoplay?docid=-4097602514885833865#
http://video.google.com/videoplay?docid=6014022229458915912#

I came across these two brilliant lectures - one given by a defense attorney, and another given by a police officer. Surprisingly, both strongly agree on one thing: never talk to the police. Whether you're innocent or guilty, or have any sort of excuse, their advice is the same: don't talk to the police or any government agency. Although given in an American context, much of what they say is highly relevant here too.

But to give it a commercial practice and ethics spin, is this the right advice to give? Should we, as lawyers, be advocating non-cooperation with legal authorities?

Yes! We owe a duty to our client to save his or her ass from jail or from being sued for every penny he or she has. And if you have a client who is facing investigation, or is being interviewed, the first thing you would urge is: don't say a damn thing (at least not until I am there)! You don't want to do the work that the other side is supposed to do. If they have a strong case they'll get around your client's lack of willingness to tell his or her life story. If someone wants to put you in jail, they better have damn good proof for doing so.

As was stated in the video "anything you say can/will be used against you, but nothing you say can/will be used to help you." The video details the myriad of ways a perfectly innocent person can dig themselves a hole which would be difficult to climb out of. Also, when someone refuses to answer questions, that refusal cannot be held as evidence of an inference of their guilt (e.g refusal to answer on the basis of self-incrimination).

Interestingly, the police officer notes that most of his convictions depended on the accused/suspect admitting that their guilt. Now, this isn't to say that I don't want criminals caught - I do. And if a crime was committed against me or a family member or friend I would want that person caught. No question about it.

Is that ethical? In my opinion yes - we're here to advocate and represent on behalf of someone who is in any legal system quite daunted and unfamiliar with the whole process.

But foremost as a lawyer my duty is to my client; and strongly recommending against talking with the police has to be one of the most important principles.