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 Spending and Bankruptcy: Don’t Make a Mistake ‘Yule’ Regret

Bankruptcy is never a pleasant thing to think about, and it is likely the absolute last thing you would want to think about during the holidays. In today’s frantic world, it’s so easy for time and money to be overextended and it becomes even more overwhelming for many people during the holiday season. It’s important for all of us to be responsible while using credit cards, and to use “sound financial planning” in all holiday shopping to avoid future problems. If you’re feeling the holiday pressure to “out spend” what you make or currently have credit card debt that is snowballing as the holiday season rolls along, read on.

A New Year, A Fresh Start?

It can be enticing to just give in to the pressure to do whatever it takes to get the gift-buying out of the way this time of year. Many, if not most people feel obligated to give into giving/receiving expectations and don’t want to think about the consequences. “I’ll just get Uncle Tom taken care of, then I’ll worry about the credit card bill later on in the new year…” If you find yourself adopting this thinking pattern, first, ask yourself whether or not you will even have a job next year to pay the credit card will with. Then, consider that even if you do, is it going to be worth 9 months of bills, only to succumb to the pressure again next year?

Many cash-strapped consumers erroneously believe that a chapter 7 bankruptcy filing will get rid of any charges they put on their credit cards while doing their holiday shopping. This misplaced “new years” mind set causes many people to think they will have their fresh start and be “off with the old and in with the new”, not realizing how long a bankruptcy procedure can take.

Credit Cards – Avoid Charging Gifts

If you already know, or reasonably believe that you will have to file a bankruptcy petition in the coming months, beware that your pre-bankruptcy holiday credit card spending may be risky business. Racking up debt within 90 days of the filing of a bankruptcy petition is preemptively fraudulent, and many would-be bankruptcy clients are shocked when that word surfaces during their initial consultation. “What do you mean, fraud? Me? Never!” are a few of the things people frequently say when this issue surfaces. Most people do not intend to engage in fraud, but for some, the temptation to use a credit card during the holiday shopping rush is overwhelming. These are important issues to keep in mind if you are thinking about filing a bankruptcy petition within the near future.

Cash Advances – You Better Watch Out

Like the charges on your credit card, if there are cash advances taken on a credit card within the 90 days prior to your bankruptcy filing that totals more than $600 you may be distraught to learn that it may not be dischargable. A bankruptcy trustee will not be pleased to see large sums of cash drawn against unsecured lines of credit timed right around the holiday season. Be mindful that it is considered fraudulent if the debt is incurred with the intention not to repay it and the credit card company can come in and object to those specific cash advances being discharged in your bankruptcy.

The Bottom Line

Use good judgment and do your best to to make this holiday season “cash-only”. You will never regret not digging the debt hole deeper only to find it even more difficult to later escape through a self-propelling cycle of credit card use. You may cringe at the thought of being dubbed a “Grinch” by your kids, but you will only be doing your them a favor in later life. Instead of giving into their material desires, they will see you exercising self-control and frugality, which are both good character traits to model.

If the damage has already been done, there is still hope and it is never to late for a fresh start.  If you are a Massachusetts resident, consult a qualified bankruptcy attorney to discuss your options and see what relief you may qualify for.