Take notes. Taking notes both about what is going on at the job, as well
as legal advice received, may help keep strategy
on track. These notes and memoranda insure
against memory losses and help future investigators.
Many employees do not keep detailed records,
because of the time involved, or out of a
sense of loyalty to the agency or its practices,
or because they fear the records will be
used to make them look bad. Or they think
the attorney is taking notes for them, only
to be disillusioned months later. Whatever
the cause, a lack of records has lost or
closed many cases. So has a lack of corroborating
witnesses. Some beleaguered whistleblowers
write memos to themselves and then mail or
e-mail them to themselves to document what
is happening (not opening these envelopes
is the key to this "poor-man's timestamp").
Others have friends and colleagues willing
to witness.
Because of the amount of information being
conveyed, and the limits of human memory,
some bring a trusted friend, or a tape recorder,
to an initial attorney interview. This may
be a particularly good practice where the
retaliation has been physical, such as after
a verbal or physical confrontation, an office
lockout or a computer seizure. The more emotionally
charged the situation, generally, the greater
the chance of miscommunication, even with
a professionally detached person like an
attorney. The best analogy may be to the
medical context, where a doctor may suggest
the patient bring a spouse or other trusted
observer before breaking a diagnosis that
a disease is life-threatening. Many minds
react to devastatingly bad news (such as
the abuse itself, or the prospect of a bureaucratic
deck stacked against the whistleblower) by
denying it. However, this normal mental reaction
to an abnormal situation can continue to
have side effects down the road, as the victim
is unprepared for further and worse consequences.
What you don't know or realize can hurt you.
Another perspective.
At the risk of seeming paranoid and cynical,
if anyone advises against taking notes, notes
are probably very necessary and important.
They just need to be made outside the view
of that advisor. If an attorney gives no-notes
advice, find another attorney before you
are burned.