What To Do When a Member Asks For Advice

Have your tools handy & be careful what you say

Imagine this scenario: You and a friend are out having lunch in a restaurant. Your friend happens to be an attorney, and from time to time he has given you legal advice. Suddenly, the police come in and ask you if your name is Jesse James, and did you rob the Glendale train?

Of course, you tell the police no, you are not Jesse James and you have never robbed a train. You show the police your driver's license and try to explain to them who you are.

It becomes obvious that the police do not believe you, and finally one says, "Mr. James, I am placing you under arrest for robbing the Glendale train."

At this point they turn you around and put the cuffs on you. You know this is a huge mistake, so you ask your attorney for advice.

He says, "These guys are obviously either complete idiots or they are out to frame you. Why don't you just beat them both up and run away. In fact when you beat them up, take their sticks and guns so they won't accidentally hurt you."

Is this good legal advice?

That kind of response might work in the movies, but in real life it will only get you deeper into trouble. We have a legal system to protect us from baseless accusations. Cooperating with the police, letting them take you downtown and book you, then going to court to prove your innocence will be annoying, it will take time, and be a royal pain.

But if you resist arrest, you'll end up in even more trouble.

But in similar situations on the job, we are often tempted to give advice that gets the member we are representing (and ourselves, not to mention our local) deeper in the doghouse.

Steward's Sourcebook

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