Is it OK to Withhold Information From Your Attorney?

This may seem obvious to you, but as an attorney not being aware of a critical fact

and being broadsided by it by the defense attorney at trial is not fun. It is not fun for your attorney and in the long run will diminish the strength of your case. You can be relatively certain that the insurance company is going to find out whatever it is you are trying to hide.I have an attorney friend who had prepared his client for his deposition. He felt the client was ready and well prepared. There was no doubt that he would testify well and make a good witness. Once the client was sworn in and began testifying my friends jaw figuratively hit the conference room table. The client was not testifying the same as he had during the preparation for deposition. He was not saying the same things he had said during preparation. The facts as well as the story were different. When the deposition was over my friend asked his client why he had testified so differently at his deposition than he had during the prior preparation. The client answered "You didn't have me under oath in your office". The case was lost at this point.I know this seems like something I made up. It does sound a little farfetched, but unfortunately it happened. Situations very similar to this occur frequently. People for some reason don't trust attorneys, even their own. Your attorney is on your side and will fight for you if you give him the facts to use as ammunition.You must tell your attorney everything so that he can prepare the best strategy and game plan for your case. He is on your side. He is your hired gun. Do not hide past accidents, injuries, criminal convictions, drug or alcohol problems, divorces or any fact from your attorney. The insurance company will find out.I received a call from the insurance adjuster on my client; I will call him Jack, a few weeks ago. He was asking me how Jack's treatment was going. A very normal call, until the bomb was dropped. The adjuster asked me if I was aware of the accident Jack was in six months earlier. He had been treated by a different doctor then the doctor he was currently treating with. I called Jack and inquired as to whether he had been in an accident six months ago. Jack told me that he didn't think that it was important so he didn't say anything about it. Not only had he withheld information from his attorney he also didn't tell his treating physician or chiropractor. Consequently it would not appear in the histories taken by his doctors for this accident. I had specifically asked Jack if he had been in any previous accidents. I also asked if he had ever been injured before. His doctors had also asked these same questions. He had withheld this information. He now appears to be untruthful.Jack's case has been severely damaged and there is little chance for recovery. It does not matter how badly he is hurt and how much pain he is in. Jack will be portrayed as a liar by the insurance company and there is little chance for a fair and reasonable recovery.Your attorney needs to know everything if he is going to properly represent you. Information that you feel is not important may be, it is part of your attorney's job to determine what is important and what isn't. You atorney will not judge you, he is there to represent you. Tell him everything.


Is it OK to Withhold Information From Your Attorney?

By: Michael Schafer

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