More often than not, people hire family law attorneys during a difficult time in their lives. Understandably, some of the facts that may lead you to seek counsel may not be easy to discuss with an attorney. However, it is imperative for the attorney who is representing you to know all aspects of your case and for you to be honest with your divorce or family law attorney.
In the early stages of a case, the attorneys in our firm will often ask “What would the other party tell me about you if they were sitting in my office today?” The reason we ask this question is to find out any negative or difficult facts in a case that will likely come up during litigation. Your advocate counsel needs to be informed of all potential issues that you are aware of, so that we can properly advise you of what next steps should be taken to benefit you throughout your case. More importantly, if there is a “bad fact”, your attorney can address it proactively. We will not judge you or think poorly of you but we do need to know of any issues which may negatively impact you in a divorce so we can assist you in addressing these issues.
An example of this would be if someone came into our office and admitted to being an alcoholic if they have minor children. With that knowledge, we can advise our client to seek treatment, attend meetings and hopefully be in a position to provide proof of a solid period of sobriety by the time this issue would make its way into court. If we are not made aware of this issue and/or if the first time we hear of this issue is in court from the other attorney or party, we will not be in a great position to defend this allegation or to show what steps have been taken to address this concern. In this example, if your attorney knows about your condition, she can be honest with the court about your issues and, more importantly, she can tell the court what you are doing (or have done) about it. When your attorney knows all facts, good and bad she is able to control how the information gets into the court.
It is also important that you continue to update your attorney throughout your case, even if those updates are difficult to discuss. Using the example of the client who is an alcoholic, it may be the case that the client relapses during the pendency of the action and is too embarrassed to tell his/her counsel. The fact is, not telling your attorney “bad” facts is far worse than sitting through an uncomfortable conversation with your attorney about mistakes you have made. Once the information is disclosed, you and your attorney can brainstorm ways to address the issues. The court is likely to find out about it anyway. You want your attorney to control how this information is presented to the court. The only way for that to happen is for you to be 100% honest and open with your attorney.
There also may be situations where you do not want to disclose certain information. Your conversations with your attorney are 100% protected by client confidentiality rules and your attorney must not reveal any information given to her in confidence. However, if presented with all of the facts, your attorney can either discuss with you ways to protect this information, explain to you why it must be disclosed (in the instance of financial information) or, again, find the best way to disclose this information in a way that is most beneficial to you and your case.
As attorneys, we cannot protect clients from their actions that may negatively affect their case. If a client continues to take actions that negatively affect his/her case, despite the advice of his/her attorney, it may result in a situation where the attorney no longer believes they can represent that client’s interests. However, if clients are honest with us throughout the process and listen to the advice we give to them, we are in a better position to help advocate for our client’s interests.
If you wish to speak with an attorney about a difficult family matter, please feel free to call our office at 414-258-1644 to schedule a free consultation with one of our skilled attorneys.