II.    Working with Law Enforcement:

Bridging the gap between lawyering and law enforcement

It is no surprise to anyone that cops and lawyers are not great bed fellows.  To the law enforcement officer the only good lawyers that are not dead lawyers are those that work in the District Attorney’s office and most of those are still held with contempt.

A.  Distinguish yourself from the dark side

It is probably not too far fetched that deep in the heart of most police officers there is an eight-track player continually playing the best of our societies good-guy bad-guy movies in a time-loop.  Cops want to know two questions.

Q #1   Who are the good guys?  A:  Cops, saints, small children
and the elderly.

Q #2   Who are the bad-guys?    A:  Everyone else

In their world they are the good guys, victims are relatively neutral and the bad guys never win at the end of the movie.  Unfortunately, lawyers are on the bad-guy side of this equation.

B.  Identify the Bad Guy – Its not me!

The quickest bridge between you and the leery seasoned and opinioned officer is to subtly let him or her know that you are on the same team and that you have a common goal.

Example:

The following is a lawyers communication with an officer:

Attorney: “I am glad that I got a hold of you today because you put a fair amount of effort into dealing with a bad guy that I am now having to deal with.  If I am successful I can make life a little harder for him but I could really use your help.”

Officer:  “Who are you?”

Attorney:  “I represent the victim of an assault that you investigated in May of last year – I am hopeful that you can help me.”

(If you have done your job the next response is something like this)

Officer:  “What case was this?”

There are a myriad of methods and strategies to convey this message but most importantly you are demonstrating your commonalities and respect for the efforts made by a police officer without ever being overt or contrived.  Hopefully your message is genuine and conveying that message with subtle conviction will gain you ground and free help.

C.  We are equals or else

Nothing may irritate an officer more than a lawyer talking down to an officer.  Ultimately, such an offense will only be your loss you just won’t ever discover what you have lost.  Be smart, don’t do it.  The equation is quite simple:

Disrespect an officer = “I don’t recall, I have an independent recollection of these events”

Being Respectful = “Let me review my report – perhaps it will refresh my memory.”

You may be suprised to discover how a little respect brings back vivid memory and detail that had been formerly lost to all conscious memory.

You have a choice as to which answer you want.  You decide.

D.  One of us is intelligent and it’s not me

Do not make the fatal flaw that distinguishes your education or self-perceived status in the community as superior to that of the officer.  Although silent and perhaps never voiced, the officer as a result of life choices or circumstances has not taken the life path that a lawyer has and in some instances may perceive that as a division between the have’s and have not’s.  If you make him or her feel inferior they will consciously or unconsciously strike back at you for such an offense.  In essence, you will be handed a silent grenade and never know that it is now in your possession.

E.  Cutting through barriers with personality

This is all about style.  Many times your communications with a particular officer during the course of your investigation is not a one shot deal.  Frequently, it is an ebb and flow of communications of e-mails, messages and conversation including the water dispenser at a deposition or other more formal setting.  Use these communications wisely.  This is the time to be exceptionally mindful of returning calls, being respectful and taking a genuine interest in the officer’s affairs.  Your first contact with the officer is most critical.

Remember – In an officers eyes you are on trial from the moment you have been identified as being on the dark side.

F.  The rewards of falling on your sword

An officer knows his job better than you do.  Never make the mistake of suggesting otherwise under any conditions if you are seeking positive information from this source.

The following compound questions are geared primarily for the informal setting:

Example #1:

Attorney:  “There are things that I do not understand about what happened upon your arrival at the scene, can you help me with this because I am confused.”

Example #2:
Attorney:  “Frankly, I am ignorant of how you do your job.  Can you help me understand how you received this call and what you did immediately after you received it?”

Example #3:

Attorney:  “To be honest, I just need to fall on my sword here because I just don’t understand what is going on.”

One of the many things cops like to do is educate others about things they know best.  Ask to be educated and you will be rewarded accordingly.

G.  Cops are your friends or your enemies – you decide

So here you are, you have the tools that should now seem like common sense.  It is yours for the taking.  If you create an enemy your rewards will be few and far between.  Make a friend and the benefits will come to you accordingly.