If you’re being investigated, the stakes are high and the pressure can feel overwhelming. Whether it’s a criminal, civil, or workplace investigation, what you do and share with your attorney can make or break your case. Many people hesitate to reveal certain details, fearing embarrassment or legal consequences, but holding back information can seriously undermine your defense. Your attorney is your advocate, not your judge, and they need the full picture to protect your rights. Here’s why it’s critical to be upfront: the sooner your lawyer knows the facts, the better they can shield you from pitfalls, surprises, and unnecessary risks. If you’re being investigated, here are eight things you should immediately warn your attorney about to give yourself the best possible chance.
1. Prior Criminal or Civil History
If you’re being investigated, your past matters. Tell your attorney about any previous arrests, charges, convictions, or civil lawsuits—even if they seem unrelated. Prosecutors and investigators often dig into your background to establish patterns or motives. Your lawyer needs to know what might surface so they can prepare a strategy and avoid being blindsided in court. Even sealed or expunged records can sometimes come up, so don’t leave anything out.
2. Any Contact with Law Enforcement
If you’ve already spoken to police, detectives, or investigators—even casually—your attorney must know exactly what was said. Anything you say can be used against you, and law enforcement may interpret your words differently than you intended. Provide a detailed account of every interaction, including phone calls, emails, or in-person conversations. This helps your lawyer assess potential risks and determine if your rights were violated during questioning.
3. Evidence in Your Possession
Tell your attorney immediately if you’re being investigated and have documents, digital files, recordings, or physical evidence related to the case. Don’t destroy, alter, or hide anything—tampering with evidence can lead to additional charges. Your lawyer can advise you on how to handle sensitive materials and may need to secure or review them to build your defense. Transparency here is crucial for both legal and ethical reasons.
4. Social Media Activity
Social media posts, messages, and even deleted content can become evidence if you’re being investigated. Let your attorney know about any online activity that could be relevant, including posts you regret or private messages that might be misinterpreted. Investigators routinely scour social media for incriminating or contradictory statements. Your lawyer can guide you on what to do next and may recommend limiting your online presence while the investigation is ongoing.
5. Financial Transactions
Unusual or large financial transactions can raise red flags if you’re being investigated, especially in cases involving fraud, theft, or white-collar crime. Disclose any recent transfers, cash withdrawals, or investments that might attract scrutiny. Your attorney can help explain legitimate transactions and prepare for questions from investigators. Hiding financial details only makes things worse if they come to light later.
6. Potential Witnesses—Friendly or Hostile
If you know of anyone who might be called as a witness—whether they support you or not—share their names and your relationship with your attorney. This includes coworkers, friends, family, or anyone else involved. Your lawyer can reach out to potential witnesses, assess their credibility, and anticipate what they might say. This proactive approach helps avoid surprises and strengthens your defense.
7. Any Media or Public Statements
Your attorney needs to know if you’ve spoken to the media, posted about the investigation online, or made public statements. Public comments can be twisted or taken out of context, and anything you say publicly can be used as evidence. Even if you think your statements were harmless, let your lawyer review them. They can advise you on how to handle media inquiries and protect your reputation during the investigation. For more on the risks of public statements, see this ABA article.
8. Any Threats, Intimidation, or Retaliation
Tell your attorney immediately if you’re being investigated and have experienced threats, intimidation, or retaliation—whether from alleged victims, witnesses, or others. This information can impact your safety and the legal process. Your lawyer can take steps to protect you, such as seeking restraining orders or notifying authorities. Don’t downplay or ignore these incidents; your safety and the integrity of the investigation are at stake.
Your Attorney Is Your Best Ally—Don’t Hold Back
When you’re being investigated, your attorney is the one person fully on your side. The more they know, the better they can defend you and anticipate challenges. Holding back information, even out of fear or embarrassment, only puts you at greater risk. Remember, attorney-client privilege protects your conversations, so honesty is always the best policy. By sharing these eight critical details, you empower your lawyer to build the strongest possible defense and protect your future.
What’s your experience with legal investigations? Have you ever faced a situation where you had to trust your attorney with sensitive information? Share your thoughts in the comments below!
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