Attorney Bruce E. Sulzner on Communicating with Your Attorney

Posted by Rick Chapo

September 25, 2008

by Rick Chapo

The days of dueling are over and have been for some time. If you have a dispute with someone, you often end up in a courtroom with a lawyer. Having a good relationship with your lawyer goes a long way towards determining success.

Hiring an attorney is something that people do all the time, but they all go about it differently. Some find one by asking friends for referrals. Others use someone they saw on television. Yet others will go with listings in the phone book.

Of all the choices, getting a referral from a family member, business associate or friend is usually the most reliable way of finding a good attorney. Even then, you need to understand how to work with the person to get the best result.

Nobody likes discussing delicate matters for fear of them being revealed to others. When talking with your lawyer, you do not have to worry about this. The attorney client privilege requires that the lawyer forgo making any such disclosures.

Why does this confidentiality exist? The view of the courts is that there must be a free flow of information between attorney and client to make sure justice is done. This means discussing positive and negative items, thus the privilege.

What if you say something to your lawyer that is confidential and then repeat it to someone else? If that person is not a lawyer, you have lost the privilege. Just because you can speak freely to your lawyer it does not mean you should do so to others as well.

The second biggest issue to recall has to do with the elements of your legal situation. When you meet with your attorney, you will inevitably tell your side of the story. This can result in problematic facts being left out.

Never leave out facts or negative issues. Your lawyer especially wants to know those things. The opposing party is going to be hammering on those items. Your attorney wants to have a plan for dealing with them.

Never surprise your attorney. If you had an affair, tell them. If the IRS is after you, tell them. Anything negative should be discussed well before trial. You should assume the other side is going to find out everything, so make sure your lawyer is not the last one to know.

The attorney client privilege exists to protect you from the disclosure of confidential information by an attorney. That is a powerful tool. Use it! Tell your attorney everything so they can win the legal dispute for you.

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