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.

 

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.