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Adverse inference risk is why “no comment” is never casual — it needs informed agreement with the instructing firm. Representatives explain outline concepts and flag that case-specific advice comes from solicitors. Notes should record who authorised the approach and what the client understood.
Questions this article answers
- How should reps discuss no comment without pretending to be trial counsel?
- When must you pause and get solicitor input?
- What should attendance notes capture?
Boundaries first
Compare with our duty solicitor vs rep article — role confusion breeds dangerous advice. If strategy touches adverse inference in ways you cannot document cleanly, stop and escalate.
Explaining trade-offs (outline only)
In consultation, reps often help clients understand that interviews involve strategic choices — answering questions, reading a prepared statement, or remaining silent may each carry risks. The precise legal operation of adverse inference belongs in solicitor-led advice — do not improvise citations.
Practical note-taking
Record:
- The firm’s written or confirmed oral strategy where available
- The client’s informed position without unsafe speculation
- Any change of plan mid-interview and who authorised it
Link to pre-interview consultation for structure. For how post-interview outcomes interact with new sentencing rules, see Sentencing Act 2026 key changes.
Public readers
If someone landed here as a member of the public, they need a solicitor — Need a solicitor?. Professionals can continue to search the directory for accredited reps.
Educational outline. Not case-specific legal advice.