In family law cases, many clients think that some
information they have available to them is not relevant, are ashamed to admit
something, or are actively trying to disguise their true intentions from a
lawyer.
You may be aware that your lawyer has a duty to not mislead
the Court and so you may withhold information from them as a result.
However your lawyer is the person best positioned to advise
you as to whether something is relevant or irrelevant.
For example, in parenting cases, sometimes a response to
your Court documents is received that suddenly raises allegations of drug use,
alcohol use or a prior criminal history. When asked about why the client did not mention this to you
previously, the response might be that ‘it was irrelevant’ or a client felt
ashamed about their situation. This leaves you and your lawyer having to perform a great
deal of work to catch up and explain why there was not disclosure
initially.
It also feeds into a perception that you are not being
upfront or able to deal with problems, or that you will not openly admit to any
difficulties that may arise in the future.
If you tell your lawyer early on, they are able to provide
you with guidance to help you address any drug or alcohol issues, or direct you
towards appropriate resources such as counsellors to support you to avoid
delays.
Similarly, a business deal or written agreement might not be
mentioned to a lawyer in a property proceeding because you did not want to
bring a third party into your personal life. Again, your lawyer is best positioned to assess whether this
is necessary; they can then give you all the options and you can make a conscious
choice, instead of regretting a failure to even discuss the issue latter.
Having to disclose such a document later in proceedings
ignites accusations from other parties that the document may have been prepared
after the fact or that there has been an attempt to ambush. A failure to disclose may also result in another party to
your case seeking costs against you for your conduct of the case.
As a rule of thumb, it is better that you are transparent
and honest with your motivations, history and difficulties you are currently
facing to your lawyer, so that you and your lawyer aren’t caught off-guard.
To find out more or for specific advice about your
circumstances, call us on 03 9614 7111 or email Melbourne@nevettford.com.au.
