That old adage about "he who represents himself has a fool for a client," is true. A month ago, I got a speeding ticket and had to be in court a couple of weeks ago. The citation sat on my desk. I called the solicitor and worked it out. The citation sat on my desk and sat some more. I have never missed a court date on a client matter, but I never calendared my court date because, after all, it was my court date.
So, I woke up one morning, put on some jeans, and was running errands when my secretary called me to let me know that the judge's office called, and that I had missed court on my own matter. It all worked out, but it was a frantic couple of hours until it did.
I had a fool for a client.
Now, let me imagine that the matter were more serious and I were under investigation for a felony of some sort. How would I respond if the police wanted to talk to "clear some things up"? Might I, with all I know about how it all works, come down for an interrogation?
The one thing a lawyer brings to the table that is as valuable as skill and knowledge is distance. It is as distinct being a chess player versus being one of the chess pieces.
What should you do, then, if the police want to talk to you? If you refuse to talk, do you seem more suspicious? Does a matter that would have worked itself out become more serious because now you appear guiltier than before? If you talk, do you appear guiltier because you look like you are not telling the truth completely or with 100% accurately? You could escape criminal liability on the underlying offense and get in trouble for the accuracy of what you say in the interview. Ask Martha Stewart if you don't believe me.
First and foremost, ask for a lawyer. Really ask for a lawyer. Don't say, "maybe I should get a lawyer." Don't ask the investigator if he thinks you should. Say, "I want a lawyer." Say, "I want to speak to a lawyer, and I can't talk to you until I speak to a lawyer."
Even if you are very smart, even if you are a lawyer, you should ask for a lawyer, because what you say is etched in stone, and you are not objective or distant enough from what is going on around you to do othwise.
When you get that lawyer, tell him the complete truth, and make sure that nobody but you and the lawyer are there when you have that conversation -- even if the person you want to be there with you is paying the fee.
Sometimes, I would think rarely, your lawyer may want you to talk to the police. Often, he may want to provide information to them himself. Most often, he will say nothing and advise you to say nothing. His decision will come from a clearer mind than yours would.
So, if that day comes for you, be nice. Be polite. But say that you want a lawyer. No matter what they say in response to that, be a broken record. Say it over and over.
You are not objective enough in that situation to say anything else.
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