If an immediate family of mine ever went missing, I would certainly hope that my first instinct would NOT be to say to LE, "Listen, I'd love to help you guys out, but even though I'm completely innocent of having any involvement in their disappearance, I'm going to need to retain an attorney first, on account of, you know, I know my rights and stuff."
I understand a defense attorney making the case for innocent people always needing to get an attorney before talking to LE.
It's job security for defense attorneys if everyone does that.
But if I'm innocent, I'm talking to LE and telling them everything I can that might possibly help them find my loved one.
Every minute I prolong LE's focus on me and my movements is one more minute I'm delaying discovery of my loved one.
I can worry about LE stitching me up for the crime down the road.
Or something.
Priorities.
JMO.
@GordianKnot, I hope you don't mind the snip for focus.
I practice primarily med mal defense. One of my favorite attorneys and best friends is one of my "foes." A dirty, ambulance-chasing, cheating, lying Plaintiff's attorney
. Why mention this?
These conditions between law enforcement and suspect in practice are generally much more nuanced. Defense lawyers know D.A.'s, go have beers together, discuss their client's issues with each other "off the record", etc.... If one is innocent, has a lawyer, and wishes to pass information to police on, there are ways. It isn't totally adversarial. D.A.'s and defense attorneys don't shoot each other down in public at the mere sight of each other.
Also, it's not just job security for defense attorneys to advise criminal clients this way. Police
enforce laws. That is their job. It is to make sure the stuff lawyers write down in code is being followed. When it is not, it is their job to gather information pertinent to a prosecution of a breach of those laws.
Enforcing laws. As a suspect, they are not your friend. They are gathering info to put you in the slammer, no two ways about it. That's ok, and
what as a citizen I expect from my LE. That is, by definition, their job. It is what it is.
A defense attorney's role in this process is to make sure that the LE are playing by the rules. If that involves telling a client to shut up and step back/don't comply, so be it. It is what it is.
Checks and balances, and necessary to have a healthy judicial and executive system.