When working with a personal injury lawyer, complete honesty and full disclosure aren't just ethical considerations – they're crucial elements that can make or break your legal case.
Understanding why transparency with your attorney matters can help you avoid potential pitfalls and maximize your chances of a favorable outcome.
Why Complete Disclosure Matters
Your attorney's ability to represent you effectively depends entirely on having all relevant information:
- Lawyers can only prepare for issues they know about
- Surprise information can derail legal strategies
- Your attorney needs to know weaknesses to defend against them
- Full disclosure allows proper evaluation of settlement offers
- Complete information helps prevent opposing counsel from catching you off guard
What Must Be Disclosed
Be prepared to share everything related to your case:
- Prior accidents or injuries
- Previous legal claims or lawsuits
- Criminal history (even minor offenses)
- Medical history and pre-existing conditions
- Insurance claims history
- Social media posts about your incident
- Conversations with insurance adjusters
- Witness information (both favorable and unfavorable)
- All documentation related to your case
Attorney-Client Privilege Protection
Understanding attorney-client privilege can help you feel more comfortable with full disclosure:
- Communications with your attorney are confidential
- Your attorney cannot share your information without permission
- The privilege extends to your attorney's staff
- Written communications are also protected
- The protection exists even if you don't hire the attorney after consultation
Common Disclosure Mistakes
Avoid these frequent errors that can harm your case:
- Minimizing past injuries or accidents
- Failing to mention previous legal issues
- Omitting relevant social media posts
- Not disclosing all medical providers
- Withholding information about pre-existing conditions
- Failing to mention conversations with insurance adjusters
- Not revealing all witnesses to the incident
Impact of Non-Disclosure
Failing to disclose important information can have serious consequences:
- Damage to case credibility
- Reduced settlement values
- Possible case dismissal
- Impeachment during testimony
- Weakened negotiating position
- Potential legal ethics issues
- Strained attorney-client relationship
Building Trust with Your Attorney
Effective ways to maintain open communication:
- Schedule regular updates with your attorney
- Keep a detailed timeline of events
- Document all relevant information
- Ask questions when unsure about relevance
- Provide updates about changes in circumstances
- Share new information promptly
- Maintain organized records
What Your Attorney Needs to Know
Be particularly thorough about:
Medical Information
- All treating physicians
- Previous injuries
- Ongoing health issues
- Medications
- Mental health treatment
Accident Details
- Exact sequence of events
- All potential witnesses
- Photos or videos
- Insurance communications
- Police reports
Personal Background
- Work history
- Previous claims
- Criminal record
- Bankruptcy filings
- Pending legal matters
