Advise to Young Lawyers on the Do’s & Don’ts of Visiting a Police Station when Representing your Client.
Advise to Young Lawyers on the Do’s & Don’ts of Visiting a Police Station when Representing your Client.
After the excitement of all the ceremonies and formalities of a young lawyers call to bar, comes the reality of an increasingly shrinking practice space. Now you know the law and have the license to practice, but finding your feet and getting a solid client base takes time, good mentoring and a lot of patience and resilience. For those lucky to be employed in a law firm; besides taking notes while the senior counsel leads the team in court or the boardroom, your first instruction is most likely to be to accompany a client for a police interview or to negotiate for the release of the client on administrative or “police bail”
Visiting a police station or any of the law enforcement agencies like the Economic and Financial Crimes Commission is very different from appearing in a courtroom. It is a space governed by its own culture and hierarchy. While the court is bound by procedure and law, the police station operates under practical authority and discipline.
As Lawyers, it is important to handle such visits with tact and professionalism. Your goal and focus should be to:
Obtain information to assist you in effectively representing the interest of your client;
Guide the client from giving self-incriminating evidence which strengthen the prosecution case:
State your clients position based on the facts and position of the law and attempt to convince the police not to charge the client; or
find an amicable solution to the dispute which necessitated the nominal compliant to make the report to the police.
Create the most favourable position for the client if he or she is charged.
Many skills are required successfully to undertake this role. There must be a sound knowledge of criminal law and evidence; good communication and negotiation skills with both the police and client; but above all great courage and determination to protect and advance the client’s legal rights, however serious or unpopular their alleged crime.
Below is a practical guide to help you navigate the process effectively.
DO’S –
Schedule Your Visit in Advance
Whenever possible, fix an appointment with either the Investigating Police Officer(IPO) or the Divisional Police Officer (DPO) before arriving. This prevents unnecessary waiting and avoids any potential friction. Unlike a courtroom, here the officer controls the schedule.
Maintain Polite and Calm Communication
Even if you have a better understanding of the law, remember that police officers control the premises and the immediate process. Stay respectful, patient, and composed.
Dress Well
This may sound cliché but it is most especially true for lawyers. the police officers will respect you more and accord you greater respect if you dress professionally. This will also inspire confidence in your client that he is in capable hands. More than anywhere else you will be addressed the way you dress in a police station.
Carry All Relevant Documents
Once your Brief has been perfected (your Professional Fees has been paid), open a policy file in the name of the client. If you are set to visit the station be sure that you have the following handy in your file of permanent material to take the police station including:
The Police Act;
The codes;
This guidance;
Notebooks,
Letterheads
Proof of identity; business cards;
Mobile telephone;
If you are a representative, appropriate authority;
Contact telephone number for you to obtain support.
Don’ts
Do Not Assert Authority
Your priority in the police station is to advance your clients best interest, while the provisions of the law and particularly crucial in court, it holds less weight inside the police station, in the police station, hierarchy and administrative procedures governed by bureaucracy guide decisions more than the letters of book. Respect the difference in jurisdiction. Your soft skills will be more useful than showing your legal expertise and ingenuity in the police station.
Avoid Threats or Loud Arguments.
Threatening to file a Fundamental Rights case or involve the media rarely helps and may even slow progress. Maintain a strategic, calm approach.
Don’t Become an Accessory to a Crime
This is one of the easiest ways to get into trouble as a lawyer, many bright and promising young lawyers have ended their careers in this manners. Take care you are not used to pass on message intended or likely to further crime. Consider whether an apparently innocent message may do so and if in doubt: refuse to pass it on; Be aware that a real risk that legal access will result in alerting other suspects, or interfering with evidence may
Do Not Overemphasize Legal Technicalities
on the Spot Lengthy legal arguments are best reserved for the courtroom. In the police station, concise and clear communication works better. If police action is delayed despite assurances, you can approach the Court for enforcement of his rights if you are convinced he is held outside of the confines of the law this ensures the police are legally bound to act without unnecessary delay.
Conclusion
A lawyer’s role in a police station is not to overpower but to navigate effectively. Respect the environment, communicate clearly, and protect your client’s interests with patience and professionalism. Police stations can be busy and tense. Recognize the difficult job they have to do. Behave with courtesy; never be rude or lose your temper, the goal is to advance your clients case not to get him or yourself into trouble.
