Wednesday, January 18, 2012

I Didn't Think They'd Find Out


I say it to every family law client:  don't lie to me.  I don't think it's that hard to understand.  If it's important, I need to know, especially if it's something that will hurt you in court.  I don't want to find out what you've done wrong from opposing counsel, and I especially don't want to find out at trial.  It's not that difficult a concept, and for the most part, clients get it.  Once a year or so, we get the client who figures they can scoot something damaging by us.  We find out; we always do. What those clients don't understand is that actions have consequences; if we know the secret, we can probably control the consequences.  If we don't, we're caught completely off guard, and although we think quickly on our feet, there's only so much we can do at the eleventh hour.  What lying to us also does is make us wonder what else we don't know, and what other surprises are in store. Perhaps most importantly, it makes us question the strength of the attorney/client relationship.  This last point is potentially the most damaging, as a strong attorney/client fit flows and has an energy of its own that permeates the case and the representation.  The lawyer and client work together toward a common goal of representation.  A weak one can undermine even a strong case; it looks and feels "off,"  because when a client lies about something important, it distracts their lawyer from the business at hand while they spend valuable time double and triple checking everything the client says.  It's not comfortable and its not easy and it can hurt the client's case.  So, don't lie.

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