How the Information You Give Your Attorney Affects Your Representation
You may be familiar with the classic computer programing or accounting expression “garbage in, garbage out,” meaning that if you input incorrect information at the start, you are not going to find the actual answer you are seeking. This saying can be applied to a wide range of personal and business circumstances, including the quality of legal representation you hope to receive from your attorney. No matter how skilled and experienced your lawyer may be, you cannot hope for the best possible outcome if that lawyer is working from skewed, incorrect, unsubstantiated, or incomplete information. It’s up to the client to provide an honest, accurate, and comprehensive account of the facts. With that honest and accurate information from the client, the attorney can then investigate and discover additional facts and arguments to bolster their claims.
On occasion, both plaintiffs and defendants in legal cases are naturally hesitant to bring out details that they feel might harm their claims or defenses. A client might be thinking, “If I point out this this information that I did or said, it will only make me look worse.” However, censoring an account can actually prove far more damaging to the dispute and litigation in the long run. Keep in mind that the opposing side is gathering information as well – information which may include the very details you’re trying to hide. This information will most likely come out during the discovery process, but you don’t want your attorney to be the last person to hear about it. If an attorney is forced to go back to square one and rebuild a case on different premises from the beginning, precious time has been wasted while also unnecessarily increasing your legal bill.
Being completely honest with your attorney can actually give that attorney every opportunity to turn the case in your favor. Your account should include not only the facts of what transpired, but also your feelings and reactions. The emotional impact of these events can help turn jurors’ sympathies in your direction even when the bare facts might have little to no impact.
It’s important to note that exaggeration can also hurt a case as much as an omission. When you present your account to your attorney, try not to “spice it up” by stretching the facts or blowing details out of proportion. These distortions can send your attorney down the wrong path just as easily as incomplete information, resulting in a case that can easily be picked apart by the opposing counsel. It’s also important to provide your attorney any new information that may come up during the case, whether you regard it as relevant or not. Instead, let your lawyer be the judge of which facts do or don’t benefit your case.
When a client is dishonest with his/her attorney, the attorney runs the risk of representing that client in a dishonest fashion. This might even lead a client to perjure himself or herself in court. You do not want to take a chance like that simply because you though it “might be best” to hide certain details from your attorney.
Denying the truth does not make the truth go away, especially when other truth-seekers are actively collecting facts to build a case against your position. As a client, your best bet is always to share all the facts you have, as transparently as possible, with your legal representation right from the beginning. An attorney is not there to judge or condemn you, but to help you as fully as the law allows. The more facts obtained early in the process, the more efficiently your attorney can gather helpful witnesses, devise a strong legal strategy, and present your position in a dispute in the most positive possible light.
© 2019 Matthew W. Harrison and Harrison Law, PLLC All Rights Reserved
This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
