Should Your Client Talk To The Police? NO. Should You Talk To The Police For Your Client? MAYBE.

I’m just going to quote  other lawyers who responded to the basic question phrased like this:  “Two detectives visited [client] while he was away. They left business card and wanted him to call back to them.”  What should I do?  Each of the responses is quoted below (anonymously).


    I. Say it with me: Clients NEVER talk to the cops. Under any and all circumstances. They want to talk to him for a reason, and it is almost certainly not to give him the Publisher’s Clearing House Sweepstakes prize. And it doesn’t matter what the PC says, they will twist it into something that sounds enough like a confession to fool 12 strangers.

    II. As his lawyer you can always call up and ask what it is regarding. He was not subpoenaed. If they have a warrant they’ll likely say so.

    III. DO NOT let your client talk to the police.  You know how the Miranda warnings say “anything you say may be used against you …”?  That means, SHUT THE HELL UP!  Also, DO NOT “speak for” your client from now on.  *Represent* your client.  Don’t be merely a mouthpiece.  Don’t try to “be the client”.  You can be indicted, too!

    IV. O and BTW:  Notice that the Miranda Warning does not go further to say “Anything you say can be used to HELP you in a court of law.”   If it hurts admissible.    If it helps it is inadmissible hearsay!  In other words, Whatever you say will NOT be used to get you out of trouble.  They WANT to believe they got your client (and maybe you too).

    V. PS:  I am sure he means never.

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