"The more (he talks) likely you'll be put in a bad situation," said defense attorney Mike Nichols. "You might have to say something that your lawyer would not want you to say."
Senate Democrats have already removed Smith from his committee assignments, they have locked is office and moved his three employees out of his office onto the central Democratic staff.
And Senate Democratic leader Jim Ananich along with his GOP counterpart have asked Smith to resign.
Nichols said the senator should not do that.
"When it comes to the possibility of negotiating an overall resolution, as soon as you give up that one card, the fewer you have to play with."
While none of the Democrats in the Senate will talk about this, fellow Detroit Democrat Rep. Harvey Santana does.
"This prejudicial action that the Democrats are pushing I think is wrong, " he said. "A whole lot of people are watching, especially in the city of Detroit."
FOX 2: "And what are they thinking?"
"That this is unfair," Santana said. "That this is arbitrary and capricious. To sit there and take your colleague and throw him under the bus is wrong."
There's no indication the senator will return to his job anytime soon.