The phrase “lawyer told me not to talk to you” has become more than just a simple piece of legal advice; it has evolved into a symbol of how individuals should protect themselves when they find themselves in tricky legal situations. In many countries, including Canada, the right to silence is one of the most crucial protections afforded to individuals under investigation. In Canada, the right to obtain legal advice and the right to silence are zealously protected by our courts. And yet, many people are unsure of how to exercise this right properly.
At its core, the right to silence means that when someone is being questioned by law enforcement, they are not obligated to provide any statement that could be used against them. While it might sound straightforward, the reality is more complex. Anything a person says during an investigation can be twisted, misunderstood, or misused to suggest something entirely different from what was intended. Moreover, once a statement is made, it becomes incredibly difficult, if not impossible, to correct or retract it. This is why lawyers often tell their clients to remain silent when faced with police questioning.
The police, prosecutors, and courts can, and often do, use anything a person says during an investigation against them. This is why silence is so powerful—if you don’t say anything, there is nothing to be twisted or used to harm your case. Lawyers are trained to think ahead, considering not just the immediate conversation with the police but how it will impact the later stages of the legal process. From the police report to cross-examination in court, every word a person says can have significant consequences.
In most situations, when a lawyer tells a client to remain silent, it is not because they don’t trust their client, but because they know the risks involved in talking to the police. Even when someone believes they can “explain” the situation, the reality is that those explanations can be used to paint a damaging picture. The best course of action, in most cases, is to say nothing.
Yet, the challenge remains: How does someone, often unfamiliar with legal terms and proceedings, follow through with this advice when they are alone with the police? After a person has contacted a lawyer and exercised their right to counsel, the police may continue to push for a statement. Sometimes, the pressure is subtle, like sitting in silence and waiting for the person to speak out of discomfort. Other times, the pressure may be more overt. Regardless, the police are trained to elicit statements, and they may try to undermine the individual’s confidence in their lawyer’s advice.
Lawyers face a unique challenge here: they must not only inform their clients of their right to silence but also teach them how to assert that right when the lawyer is no longer present. Historically, lawyers advised clients to say something like, “On the advice of counsel, I will not be providing a statement at this time.” While this phrase may sound formal and proper, the reality is that many people find it difficult to remember and repeat, especially under stress. Words like “counsel” and “statement” are not part of most people’s everyday vocabulary, and the unfamiliarity with these terms often leads to confusion.
Recognizing this issue, we set out to create a phrase that was easier for people to remember and use. After some refinement, we came up with a more straightforward version: “My lawyer told me not to talk to you.” This phrase is simple, clear, and, most importantly, easy to repeat. However, even this version had its challenges, as clients sometimes struggled with the possessive pronoun “my.” To make it even easier, we streamlined it further to just, “Lawyer told me not to talk to you.”
This concise phrase was a breakthrough. People could remember it, repeat it, and, more importantly, use it effectively when faced with police pressure. Over time, this phrase became a staple of our legal advice, and it proved so effective that we began seeing it repeated in police reports, showing that clients were actually using it. Eventually, it became such a hallmark of our practice that we decided to trademark it.
Trademarking the phrase allowed us to use it in a variety of ways, including on merchandise like shopping bags, T-shirts, and bumper stickers. We even incorporated it into a country music song, further cementing its place in our brand. The phrase caught on, and while we encourage its use by other lawyers, particularly in British Columbia where we practice, it’s clear that we were the first to realize its full potential.
While it may seem like just a phrase, “lawyer told me not to talk to you” carries with it the weight of a person’s right to silence and the protection that right offers. It serves as a reminder that, in many situations, it’s better to say nothing until you’ve had the chance to speak with a lawyer. Beyond its legal context, the phrase can also be useful in everyday life when faced with scrutiny or questioning in non-legal matters.
So, while we’ve trademarked the phrase, we encourage its widespread use because it protects individuals from saying something that could hurt them down the line. And, of course, you can always get yourself some “lawyer told me not to talk to you” swag as a fun reminder of this important principle.