The Consequences of Lying to Your Lawyer

Lying is never a good idea, but the last person you should lie to is your lawyer. No matter what the rationale may be, honesty is always the best policy when it comes to dealing with an attorney who you’ve either consulted with or retained to represent you.

Not being truthful with your lawyer may not just cost you some embarrassment, it could cost you the outcome of your lawsuit. 

Client Confidentiality – A Relationship Predicated on Trust

One of the founding principles of the American legal system is confidentiality in the communications between a lawyer and his or her client. The attorney-client privilege protects confidential communications between a client or prospective client and an attorney made for the primary purpose of obtaining legal advice or assistance. Except in a few limited circumstances, the attorney cannot reveal these confidential communications to a third party or in the course of any legal proceeding. This principle of confidentiality is based on the idea that an attorney needs to know all the facts of a client’s case, favorable and unfavorable, in order to effectively advocate for the client and achieve his or her goals. With this principle in mind, lawyers strongly encourage their clients to be candid with them about the details of their case, no matter how embarrassing or unpleasant.  In fact, if a client is not truthful with their advocate, it can be grounds for an attorney to withdraw from representation of that person altogether.  Nevertheless,   some clients misrepresent or omit important facts and details they feel might hurt their case despite warnings not to do so. Because all communications between the client and the attorney regarding the client’s case are held in confidence,  lying will not only reduce the odds of achieving the client’s goals and adversely affect the client’s case, but will cause the attorney to have strong misgivings about the client.

Judges Judge – The Attorney Advocates and Defends

An attorney’s job is to advocate and defend, not judge.  When people seek legal assistance, especially for family law matters such as divorce, the attorney must many personal questions during the intake process. Clients are sometimes reluctant to disclose facts they view as unfavorable out of fear that the lawyer may judge them for their actions and not accept them as a client. They may also withhold certain unpleasant details that they believe the lawyer doesn’t need to know or they think are irrelevant to the case.  Be mindful that lawyers handle cases involving indiscretions such as adultery, drug use, abuse, and other offensive activity on a regular basis and there is unlikely anything that will shock an experienced lawyer. Most attorneys are compassionate and will empathize with a sensitive and difficult situation. It is never an attorney’s intention to embarrass or make a person uncomfortable, but in order to do his or her job, an attorney know all of the adverse facts in order to effectively strategize and plan.  In fact, an experienced lawyer may know how to put a positive spin on even the worst possible set of circumstances.  It is always better to err on the side of caution, and be completely forthcoming with an attorney, so that they can effectively advocate for the client.

The Adverse Effects – Irreparable Damage

Clients who lie to their lawyers are subjecting themselves to a lose-lose scenario. The truth almost always has a way of coming out – in one form or another.  If adverse facts aren’t revealed up front and dealt with, it is likely that they will surface at a later stage of litigation and be used against the client by the opposing party.  In many cases, it can have devastating consequences for both the client and the lawyer.  The worst case scenario for the client is when a lie is exposed during the client’s testimony while under oath.  More likely than not, it will come out under cross-examination while credibility is under attack.

Attorneys also may also undergo scrutiny when clients are not truthful and sustain damage to their reputations.  Attorneys are officers of the court and subscribe to the Rules of Professional Conduct which prohibit them from assisting client in perpetuating a fraud (making misrepresentations) to the Court.  If a client is caught in a lie, it may also call the actions of the lawyer into question, and may cause the attorney to appear in a bad light before the Court.  If this happens, an attorney may seek to withdraw from the case in order to protect his or her reputation.

It is clear that clients gain nothing by lying to their lawyers. The best thing clients can do for themselves is be forthcoming in all their communications with their attorney and avoid the chances of an unfavorable outcome.  Because private conversations with attorneys are almost always treated as confidential, it is better to talk about unpleasant facts early with them early on rather than to be caught off guard later. Candor isn’t just important; it is the cornerstone of the attorney-client relationship.  Without mutual trust between the lawyer and client, both are at a disadvantage.

 

Self-Care Following a Car Accident

 

Car accidents are no joke…especially when someone is injured.  Motor vehicles are usually damaged if not completely wrecked, and victims are faced with the conundrum of lost time from work and loss of transportation.  Combine these problems with  personal injuries and other family obligations and it is a recipe for a perfect storm.   In today’s world it’s hard enough to carve out the few minutes necessary for people to take care of themselves, but following a car accident people quickly discover how important self-care truly is.

Why Self-Care is so Important

If police and emergency personnel are dispatched to the scene, the accident is likely serious.  Victims are often taken by ambulance to the nearest emergency room or urgent care clinic for immediate treatment.  Most accidents are not this severe and usually fall under the category of “fender benders.”   In these types of cases, no police or ambulance are summonsed if there are no apparent personal injuries and the property damage is relatively minor.  Even in minor crashes there can be chaos and confusion.   Victims frequently  forget about themselves – especially if there are children.  Because many accident victims report no immediate pain following this type of crash, they exchange information but often do not want to bother with the expense or inconvenience of medical treatment right away.

Victims need to listen to their bodies and follow intuition.  While a victim may not immediately feel pain or exhibit any other symptoms, they may nonetheless be seriously injured, even if the impact from the crash was at low speed.   From a practical and a legal standpoint, seeking medical care following an accident is always a good idea.  Massachusetts is a “no-fault” state, which means all motorists are required to carry Personal Injury Protection (PIP) as part of their automobile insurance coverage.  A PIP-compliant policy must offer at least $2,000 in coverage for medical expenses and lost wages, and victims are often very relieved to know that these expenses will be covered.

Can Self-Care Wait?

Many people erroneously believe that they can take care of others while neglecting themselves.  This is  a fallacy.  Neglecting one’s own needs will only be detrimental to those who depend on them.  Moreover, waiting too long to seek medical care after an accident may result in the insurance company denying the claim.  The injured party must show that the injuries  were causally related to the crash and permitting a large window of time to go by without medical care may be detrimental to a claim.  Many people just assume that pain will subside with time and rest, but this is often not the case.  Using this rationale may allow the insurance company to use this gap in treatment to later argue that the injury was caused by something other than the accident or that the accident wasn’t that serious.

Resolve to Practice Self-Care and Follow Through

Insurance claims aside, self-care is something that is often overlooked and disregarded in today’s society.  Thinking about how to handle the matter and over-analyzing the situation will only make matters worse.  It is okay if the answers aren’t apparent.  Say no to the commitments that are going to unnecessarily add responsibility during the days following a crash.  This is a time to focus on yourself, get the care needed, and consult with an experienced personal injury attorney to evaluate options.

Holiday Season Car Accidents: Be Prepared

Accident statistics during the holidays suggest that the holiday season can be a particularly dangerous time to travel when it comes to fatal motor vehicle accidents. If you or a loved one have holiday travel plans, be cognizant of the hazards that are unique to this time of year.

In a season that is supposed to be merry and bright, there is an increased risk of car accidents on Massachusetts roadways.

Causes of Car Accidents During the Holidays

Drunk Driving

Studies suggest that the most dangerous time of the year to be on the road is between Thanksgiving and New Years Eve. There are many causes of traffic accidents, but statistics suggests that certain factors contribute to the higher incidents of motor vehicle accidents during the holiday season.

The most current statistics available from the National Highway Traffic Safety Administration (NHTSA) show that the month of December can be especially dangerous for motorists. According to the most recent NHTSA study from 2001-2005, 38% of the traffic fatalities during the Christmas period involved a drunk driver or motorcycle riders, and 41% during the New Year’s period. These numbers are significant when compared with 31% taken for the year’s average as a whole.

Driver Distraction & Fatigue

There is an increase in impaired drivers during this time of the year as well as driver distraction. Although Massachusetts enacted a law which bans texting while driving in 2010, it is not uncommon for it to go largely ignored during this busy time of the year. The reality is that more demands on our time with expectations and tensions running high can be physically and mentally exhausting for many, if not most people. Add in this increase of driver fatigue to the equation and the likelihood of a crash could increase exponentially.

Road Rage & Poor Weather Conditions

A study performed by insurer State Farm and KRC Research, questioned 1,000 U.S drivers over-18 years old. A full 64% of respondents said they experienced at least six acts of aggressive driving during the past three months.  Moreover, one-third of those drivers admitted they are more likely to be provoked to aggressive driving during the holiday season. Road rage is a symptom of today’s society where Americans are more likely to be stressed out, over-worked, short on time and money, and more likely to be depressed. During the holidays all of these issues are likely to be exacerbated so it should come as no surprise that there is a spike in the instances of holiday road aggression.  Combine holiday road rage with the poor weather conditions that can be all too common at this time of year, and you’ve got a “perfect storm” for a motor vehicle collision.

With all of the added stress on people during the holidays the last thing anyone wants to think about is a car accident, but being aware of the risk factors that are associated with holiday travel can help make your trips safer.

Keep Christmas Merry – Be Safe

Be Courteous For a season where there should be goodwill toward men, there is often a big lack of it on the roadway for the reasons given above. Make an extra effort to adhere to driving etiquette and take the “higher road” if the other driver is rude to you.  For example, if you use your directional, don’t lane-dodge.  A simple polite act may be the determining factor that impedes a car accident.

Drive Sober  Remember that one drink can impair your judgment and increase the risk of a motor vehicle accident.  If you know you are going to be drinking, do not plan on driving.  Plan ahead by designating a sober driver before the party begins or use public transportation if its available.  Call a taxi, Uber, or a friend if you must.  If you get behind the wheel of a car drunk, it may be the biggest regret of your life.

Drive Rested: If your exhausted from shopping, upset, or just plain tired, you’re more likely to drive carelessly or with aggression, so make sure to drive when you’re at your best.  If you need a pick-me-up, don’t be too caught up in the chaos of the season to indulge.  Have a cup of coffee, a desert or put some holiday music on.

If you do find yourself in a Massachusetts car accident, the attorneys at the Wright Family Law Group can help  you determine if you are entitled to compensation for your injuries.  Call us to schedule your free, no-obligation consult.

Insurance Company Propaganda: Don’t Be Fooled

Since the September 2011 attacks in New York City, the insurance industry has taken it upon themselves to market a campaign which has diminished and made a mockery of the personal injuries that drivers and passengers can sustain in car accidents and slip and fall claims.
The American culture is bombarded daily with insurance company misinformation and misrepresentations concerning the nature of the Massachusetts personal injury claims process and how it works. Most law abiding, tax paying citizens in Massachusetts believe that the insurance system is out of control and is an open target for abuse. They do not realize that the insurance industry has propagated this illusion in order to influence jury verdicts and foster skepticism of plaintiffs cases. As a consequence, Massachusetts personal injury lawyers in the past 15 years have learned that it can be difficult to achieve a plaintiffs verdict, even when there may be very serious injuries invloved and negligence is conclusively established. Juries tend to view personal injury claims as frivolous, and plaintiffs attorneys as “ambulance chasers” and actors in the theatre of the american courtroom instead of learned advocates for their clients. The public, by and large, seems to have developed an irrational fear of their own insurance premiums going up as a result of the claims process.

 

Dont take any chances with your personal injury claim

Most people do not realize that claims adjusters are trained to settle a claim for as little as possible and to save the insurance company money. They do not necessarily care whether or not the settlement is fair and reasonable and are not likely to empathize with a claimant. Many of their pay structures are based upon year end bonuses which reflect the amount of money that was saved in paying on the true value of a given personal injury claim. The public is also not aware that a fair percentage of these clakms adjusters are also attorneys. When injured in a Massachusetts car accident, Massachusetts slip and fall or any other Massachusetts claim involving personal injuries, it is important to retain a lawyer who has extensive experience in handling these types of claims in order to make sure your outcome is as favorable as possible.

Joint Custody 101

In decades past gender roles played a stronger role in determination of physical custody of minor children in Massachusetts divorce. Within the past 15 years, the recent trend of the family court is to award joint physical custody because it can help the children maintain an equal bond with both parents in a post divorce situation. Whereas the mother had always been the primary caretaker of the children, and father the breadwinner, this is situation is no longer the “norm” as it once was in Massachusetts child custody cases. Household roles and responsibilities have been redistributed in as there are more families depending on the incomes of 2 parents, as opposed to 1 in recent times. There are drawbacks, naturally, but this has been the direction of Massachusetts Family Court rulings in recent years.

Massachusetts Joint Custody has progressively become more popular

One litigant inquired whether or not her job, which involved the sale of sexually photography of herself, would be a determining factor in her soon to be ex-husband obtaining a joint physical custody arrangement as opposed to her being awarded sole physical custody – even though she had been the primary care taker.

The Massachusetts Family Court is not altogether concerned about the explicit nature of peoples jobs, so long as the children were not exposed to it or harmed by it, and are not likely to be harmed by it in the future. There are many people who work as exotic dancers, for example, who are still caring and responsible parents. It may comes as a surprise that professions of this nature are not likely to have as much of an impact on whether or not you have joint physical custody as much as other factors, such as the proximity of where you both now live, and the other parties willingness and ability to participate actively in the children’s lives.

The Massachusetts divorce court is also mindful of the importance of routine and stability, and will try to maintain that for the children. If a party had never been involved due to his job and that it prevents him from performing day today parenting duties, that is a legitimate reason why joint physical custody in Massachusetts would not be practicable. Moreover, one could successfully argue that even if this were not the case, changing a prior established routine would unduly harm the children and may thwart an attempt of the other spouse to obtain an joint physical custody award in Massachusetts.

A Massachusetts divorce attorney at the Wright Family Law Group should be consulted to discuss the viability of any proposed joint physical custody arrangement in Massachusetts.  Call us today for your free, no obligation consultation.