By David Majchrzak
Lawyers must employ only means consistent with the truth. How to satisfy this obligation and still remain a strong client advocate becomes more challenging when the lawyer suspects, without knowing for certain, that the client is dishonest. Diplomacy, detective skills and practicality sometimes do the trick.
When a client provides information that is more difficult to believe, a lawyer may discuss the importance of credibility, including that the surrounding information suggests the client’s version is unlikely and that presenting such information could lead a judge or jury to disbelieve other, truthful evidence. In such situations, try stressing the need to find corroborating evidence. Sit with the client and talk through all the ways the client’s recollection could be supported or refuted, and provide a budget for discovery related to the issue. This does two things. It lets the client see the weakness in the position, whether truthful or not. And, if the client knows the lawyer is searching to support a lie, the client may be less willing to invest more resources in pursuing it further.
David Majchrzak is a Shareholder at Klinedinst PC.