How Do You Deal With a Client Who Is Lying?
'Tis the season of liars, it seems. They are everywhere, some connected to the highest levels of government, some are a lawyer's client, and some…
December 18, 2018 at 10:48 AM
5 minute read
'Tis the season of liars, it seems. They are everywhere, some connected to the highest levels of government, some are a lawyer's client, and some have lied under the lawyer's watch. An older attorney with whom I worked early in my career once advised me, “When you see the client coming, you think 'Here comes the enemy.'” Having had more than a few clients since then, I have come to realize that his cautionary words were sound advice.
We may be fortunate enough to be representing clients who are part of the news cycle, but the very real question that remains is how to handle a client you suspect of lying.
1. Let the client know you expect the truth The first step in this process calls to mind the old adage that “An ounce of prevention is worth a pound of cure.” You can't always detect an untrustworthy client at the first interview. If and when you can, you should seriously consider passing on the representation. But no matter the client, it is wise to spend a few minutes, and a paragraph in your retainer agreement, setting out the expectation that the client is going to be truthful and forthright during your representation. This may seem silly, and you may be hesitant to address the issue, lest the client feel insulted by your skepticism. However, keep in mind that liars are manipulators, and manipulators thrive on those who lack the assertiveness to confront them.
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