In the intricate world of legal affairs, trust between a lawyer and their client is integral to any case’s success. However, as experienced legal professionals may know, clients may not always be entirely truthful or accurate in their testimonies. It is, therefore, crucial to do everything in your power to validate the accuracy of statements made by clients. According to an article by Jordan Rothman , who is a partner of The Rothman Law Firm and the founder of Student Debt Diaries, there are numerous reasons supporting this stance.
In his experience, one of the most common reasons clients might fabricate details or omit vital information is the fear that lawyers may refuse to take their case if they were entirely transparent. He recalls a case where a client concealed the fact that they had signed a release presumably waiving claims related to the lawsuit they wished to file. The client’s omission resulted in multiple attorneys abandoning the case once they discovered the existence of the release. This case teaches us that clients and attorneys who are open with each other can formulate strategies to handle compelling circumstances.
Clients may also be untruthful about the details of their case due to financial concerns, mainly when it involves fee arrangements surrounding a case. This was evident from Rothman’s earlier career case, where he learned that his client had not fully disclosed their potential liability against significant claims by defendants. He learned the hard way that proper validation of client’s testimony is essential.
However, not all inaccuracies are the result of the client’s attempts to deceive. Sometimes clients may simply not understand what information they need to disclose, leading to complications in the representation. An example was when a client required to produce work records produced documents only related to people that were classified as employees but not those categorized as independent contractors. Only after verification was the miscommunication between the lawyer and the client discovered, demonstrating the necessity of validation in legal procedures.
Clients might also hold back details due to embarrassment or fear that the opposing side may exploit their case’s weaknesses. Rothman shares the example of a plaintiff who claimed an injury from a motorcycle accident but had told his health care provider the injury was due to a fall downstairs. The plaintiff’s lawyer, by trusting his client entirely and not pulling the medical records beforehand, walked into a significant problem.
On the whole, clients may not always intentionally misrepresent matters. However, the varied reasons for the lack of transparency, such as miscommunication, make verifications of client statements an essential procedure in the legal representation process.