What Not to Say to a Lawyer: The Dos and Don'ts

It may feel like an interview when you first meet with a lawyer. But trust us: It's not. Lawyers are bound by a code of ethics that prevents them from asking anything they might want to know about you or your case.

The rules are in place so that lawyers can represent their clients without worrying about what would be best for their reputation or career. Suppose you're going to trust someone with access to personal information, the safety of your friends and family, and possibly even your freedom.

In that case, the last thing you need is a lawyer who feels like an untrustworthy stranger. That's why we've compiled this list of things not to say to a prospective lawyer if your case involves sensitive information or has implications for your future — think criminal charges, divorce, child custody, adoption, and more.

Don't Say Anything You Wouldn't Feel Comfortable Hearing In Court

This is the lawyer's first line of defense. What you say to your lawyer will be repeated in court, shaping how the judge, jury, and other people in your case see you. A lawyer is trained to listen carefully and recall what you've said with enough detail to tell a story.

If you go off on a tangent or say something that doesn't add up, your lawyer will only cut you off to clarify. It also means you can't go back and explain yourself, either. If you're uncomfortable with what you've said in your case, there's nothing you can do about it.

Even if you regret what you've said, you have no power to take it back. Lawyers are bound by a code of ethics that prevents them from trying to convince you to change your story, even if they think you should.

Please Don't Reveal The Full Extent Of Your Wrongdoing Unless It's Necessary To Your Defense

Lawyers are bound by confidentiality, but that doesn't mean they don't want to know everything you've done wrong. If your lawyer knows how thoroughly you've messed up, they can advise you on minimizing the damage or using your wrongdoings to your advantage.

If you're trying to hide something, you're hindering your lawyer's ability to help you and putting yourself at risk of being accused of unethical behavior.

If you need to decide if you should tell your lawyer about a wrong you've committed, remember that you have the right to remain silent, but your lawyer doesn't have the right to know.

Don't Discuss The Information You Don't Have To Share With Your Lawyer, Like Passwords Or Access To Physical Evidence

Lawyers can't break the law to get their hands on evidence related to your case, but that doesn't mean they're above sneaking around or doing whatever it takes to get a judge to sign off on a warrant.

If you have evidence that could help your case, your lawyer will get it. If you have information that could help your case, your lawyer will ask you to disclose it.

If you're withholding evidence, you could end up hurting your case by putting your lawyer in a sticky situation.

Don't Pressure A Lawyer To Take A Case They Don't Want Or Hurry Up When They Need More Time

It's tempting to push your lawyer to take on your case and make it their top priority. But if you want your lawyer to be able to represent you to the best of their ability, you have to let them focus on the cases they've already accepted.

Lawyers juggling multiple cases may be more likely to miss something in yours or be so stressed that they need to think more clearly. If your lawyer seems to be dragging their feet, don't push them or hurry up.

Instead, give them the time they need to do the job right.

Don't Ask Questions That Should Be Reserved For Your Lawyer — Only You Can Decide What To Disclose And What Is And Isn't Essential

Your lawyer represents you, so they should decide what to disclose to the other side in court. Asking your lawyer to reveal information to the opposing counsel could harm your case.

If your lawyer asks you to disclose information, like a password or what happened the day of your arrest, you should comply. But you don't get to decide what your lawyer shares with the other side.

Don't Be Vague Or Evasive When Answering Questions. Be Honest And Upfront About Everything You Know, No Matter How Bad It Makes You Look

Your lawyer is representing you, not your reputation. They aren't trying to make you look good to other people; they're trying to get you what you need in your case.

If you want your lawyer to be able to help you, you have to be honest and upfront with them. If you don't want to answer a question, you don't have to.

But you should have a reason if you don't want to answer a question. If you're vague or say something like, "I don't want to say," your lawyer might get the wrong idea.

Conclusion

This article should have clarified what you should and shouldn't say to a lawyer.

If you're about to start working with a lawyer, keep these tips in mind. If you're about to hire a lawyer, ensure you're prepared for these interactions. Contact us at Hughes Law for a free consultation.