Why It’s Important To Be Honest with Your Attorney - Alvinology

Why It’s Important To Be Honest with Your Attorney

When you work with an attorney, you may have to share sensitive or even embarrassing information with them. That’s why it’s so important to work with someone you trust. You also have to remember that privileged information can’t be disclosed without your consent. We’ll talk more about attorney-client privilege, but before that, we discuss in more detail why being honest with your attorney is essential. 

Honesty In Your Relationship with Your Attorney

Honesty is important in any relationship, and the one you have with a legal professional representing you is no exception. You need to feel like you can be open when you speak to your attorney. You also need to feel like they’re being honest with you. 

There’s a frequent misconception that lawyers are dishonest or sneaky because of what we see in media and pop culture. The reality is that lawyers are guided by strict codes of ethical regulations, and the vast majority take them very seriously. 

Sure, there can be bad apples out there, but that’s true in any profession. 

To have an attorney-client relationship where you feel comfortable being honest, you need to find someone that you feel a sense of trust with. 

Along with the interactions you have with an attorney and the gut feeling you get, you can also read client testimonials or talk directly to other clients. 

If you ever need a lawyer and you meet with someone who doesn’t make you feel completely comfortable, you should find someone else. There’s going to be no way for you to be as honest as you should be if you aren’t comfortable. 

Good communication is critical to a strong working relationship as well. If your lawyer reaches out to you, get back to them as soon as you can. They should do the same for you. 

If you’re working with someone who always seems to be too busy to answer your questions, this might be a red flag. Of course, lawyers are busy, so you shouldn’t waste their time, but if they aren’t communicating with you in a reasonable way, it’s a bad sign. 

Why Honesty is the Best Policy

Many clients have worries about being honest with their lawyers for one reason or another. We think about this more commonly when it comes to defense attorneys, but it can happen in all areas of the law. 

If you don’t disclose everything to your attorney, then you’re not going to be in the strongest legal position. 

The more information the lawyer has, the better outcome they’re likely to be able to get for you. 

If there is an issue, an attorney can work to mitigate it or make it less relevant. If your attorney is blindsided by something you should have told them they may not be able to fix it. 

You have to remember that an attorney’s not trying to judge you. They’re doing a job, and that job relies on them having the facts. 

In a personal injury case, for example, don’t withhold information about the role you might have played in an accident. Tell them everything that you know. 

What Is Attorney-Client Privilege?

Even if you trust your attorney, you might be nervous sharing certain things with them. There is a concept, attorney-client privilege, that offers you protection. 

Under this rule, the communication you have with your attorney as a client is confidential. An attorney can’t divulge your secrets, and other people can’t force them to. The entire purpose of attorney-client privilege is to help promote open, honest communication. 

Attorney-client privilege generally applies in a couple of situations. The first is when a potential or current client communicates with an attorney for legal advice. The second is when a lawyer is acting professionally, rather than as a friend or family member, for example. The third is when the client intends for communication to be private. 

Your lawyer can’t disclose your written or oral communications if you reasonably expect they will remain confidential. If a lawyer has your confidences, they can’t repeat what you tell them to anyone outside of the legal team without getting your consent. 

That means you can decide to waive the privilege, but the attorney can’t make that decision for you. 

Even after the relationship ends or a client dies, the attorney-client privilege remains. 

Lawyers can’t be forced to testify about a client’s statements, and lawyers owe a duty of confidentially so that they aren’t even in an informal setting talking about their clients’ cases. 

We mentioned above that privilege applies when a client should reasonably expect confidentiality, which is broad. If a client is speaking to a lawyer about something related to their case and they’re in private, then they can reasonably expect that information to stay with their attorney. 

Even before you officially become a client of an attorney, typically, confidentiality is required. For example, if you go to an initial consultation, even if the attorney isn’t representing you, confidentiality is still expected. 

If you start a conversation with your attorney about something you’re thinking of doing in the future, that’s a different scenario. For example, if you tell your attorney you plan to commit fraud or harm another person, then most states will either allow or require an attorney to disclose this information. Attorneys are obligated to report something that they think will prevent an injury, death, or a financial injury. 

If you ever have a concern in any situation about what you’re telling and whether or not it will be confidential, you should ask them directly. They can answer more of the questions you might have about who could then learn the information you’re telling them. The specifics of attorney-client privilege vary depending on the state and the type of court you’re in. 

Your attorney can go over the scope of privilege and their duty of confidentiality. They can explain particular laws applying to your situation and help you understand the next best steps. 

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