You have probably heard of attorney-client privilege or the confidentiality between lawyers and their clients. What is this? Confidentiality between a client and his lawyer is sacred. It means that what is said between a client and his or her attorney regarding the case remains private. One reason for this is to allow a client to feel comfortable telling his attorney everything about his case. No misrepresentations of the truth. The reason it is critical for a client to be honest and straightforward with his attorney is so the attorney can present the best possible case for the client and diffuse any negatives, if possible.
This means, never lie to your attorney about anything. Not only is there no benefit, it is a detriment to you as the client to lie to your lawyer. As in any legal matter, with a family law case - be it divorce, custody, child support, or whatever - the opposing party may very well have evidence or testimony to prove you are lying. And if your lawyer finds out about the lie at the time it is proven to be a lie in a hearing or final trial, there is nothing she can do to help you.
It is absolutely critical to tell your lawyer the truth about everything, no matter how bad it is or how badly you think it makes you look. At least if you tell her the truth, she will have an opportunity to mitigate the damage.
Another reason to tell your lawyer the truth is that if he or she finds out you have lied, he will not and can never trust what you tell him again. Your communication with your attorney is shot. He cannot trust you anymore. And if he cannot trust you to tell the truth, your attorney may very well withdraw.
Lastly, if your attorney cannot trust you to tell the truth and believes you will lie on the stand, he cannot put you on the stand and risk your perjuring yourself. If your lawyer puts you on the stand, knowing you will lie, then you lie, and it is found out, your lawyer could very well lose his law license. And an attorney will not risk his livelihood by allowing you to testify.
Just remember, it is infinitely better for your attorney to know all the bad stuff about your case so he is not surprised with it when you are in front of the judge on a witness stand. Without your permission, he cannot tell anyone about your bad stuff. But at least if you tell him, he can mitigate the damage.
Your case is a partnership between you and your lawyer. You know all the facts and the lawyer knows the law, the courts, and how to apply the law to your facts. If you fail to tell your attorney the truth, the lawyer’s course of action and strategy could be totally wrong for your case. Don’t worry about your attorney judging you; that is not his job. Chances are he or she has heard it before or some version of it. Attorney-client confidentially is there to protect and help you! Please take advantage of its benefits.
Ami J. Decker
www.famlawtex.com
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