Fair Cadora Blog
Posted By Fair Cadora, APC
Because legal matters can often be highly-contentious and require the utmost discretion on the part of both a client and their attorney, it is widely-understood that attorneys and clients enter into a relationship of attorney-client confidentiality when the lawyer is hired for the case. Essentially what this means is a client can admit guilt to a misdeed or expose the true details of a family law case to their attorney, who can be trusted to not admit their client’s guilt or any other details that may incriminate their client in court.
However, there are ways in which the confidentiality of an attorney-client relationship can be broken, and many of them are often unknowingly done by the client. Whenever you are involved in a family law case, there is one thing to constantly remember: public speech is not confidential. Avoiding incriminating yourself is vital to your case, particularly with valuable property or child custody is on the line, so discussing your case away from your lawyer can create a substantial legal risk.
When you are discussing your case, be sure to do so only amongst private, trusted counsel. In fact, it is highly advised that you avoid speaking about your case with anybody other than your attorney to avoid critical information who can potentially be then used as a witness against you. As a general rule of thumb, you will only receive total confidentiality where you can expect it.
There are a number of ways a conversation you initially believed to be private could be used against you by becoming admissible as evidence in court:
Speaking loudly so your conversation can be overheard in a public place
Disclosing information over a monitored phone call
Disclosing case details to a third party outside of the case, including having them present at your meetings with your attorney
The third point on that list is one that is frequently not recognized by clients, who will often confide in their friends as a way of relieving stress or emotional build-up. While this may be therapeutic and your friend may have your best interests at heart, they can then be summoned as a witness and required to testify against you while under oath. This can easily break your entire case and cause you to lose out on critical court decisions. It may be difficult for some people, but it is best not to discuss a confidential case with anybody until it has reached its conclusion.
When you are involved in a complicated family law case, trust the skilled legal team at Fair Cadora, APC to provide you with the utmost discretion and quality legal advice that can help you through whatever your case is. We understand the gravity and the immense impact a family law case can have on your life, which is why we work tirelessly to provide you with the best possible representation and protection of your best interests.
Please contact the firm today to schedule a consultation to discuss your options.
Posted By Fair Cadora, APC
A divorce case is often a complex and complicated legal matter. Your attorney has an already difficult job in keeping track of all of the various pieces of evidence, sorting through them to figure out what should be considered the proper terms of your divorce, and then representing you in the negotiation processes. It is already an extremely difficult task.
So therefore it is important as a client to help your lawyer do their job in every way you possibly can. This can lead to a strong client-attorney relationship, a faster and less litigious divorce process, and a number of other benefits that will make your experience a much better one overall. Here are three ways which you can help your lawyer.
1. Be Prepared
When a client meets with their attorney and they are unprepared, it can result in a very unproductive session, which means a lot of wasted time, money, and effort on the part of both parties which can lead to mutual frustration. It can also lead to frustration for the other spouse and their attorney by delaying important steps in the divorce process.
When you have a meeting scheduled with your lawyer, make sure you prepare everything you need ahead of time. For example, if your lawyer needs to see your family’s financial records, bring your bank statements, credit card bills, tax records, or whatever else they request organized neatly in a binder divided with tabs to help them sort through them easily and conveniently. This little bit of extra effort on your part limits the amount of time your lawyer will need to sort through the evidence, which is not only respectful of their time, but will help them find what they need to help your case quickly and more accurately.
2. Listen to Your Attorney
Occasionally some clients will come into meetings with their mind made up on things such as expectations for a result or the next step they want to take in the process. While it’s true that you as the client should be the one in charge of your case since it impacts your life directly, your attorney has a responsibility to advise you and set realistic expectations. Refusing to listen to your attorney can lead to a number of headaches for everyone involved, and likely lead to frustration for you as the client due to being unable to get to a resolution you want.
It’s perfectly okay and actually strongly advised to have goals in mind for your case, but be flexible with them. A reputable attorney will never try to force you to settle for a result that you are unhappy with, so trust that they still have your best wishes in mind even though they may say that your initial goals or intentions may not be the best target to shoot for.
3. Cooperate With Your Ex
Your attorney can aid you in negotiation processes, assist you in filing the proper paperwork, and perform a number of other duties for which they are uniquely qualified. However, one thing they cannot do is make you cooperate with your ex throughout the process. This is one of the single biggest influential factors on the smoothness of your divorce case. Couples who make a genuine mutual effort to work together and come to a fair agreement usually have the smoothest and quickest divorce resolutions and the happiest lives following those conclusions.
Spouses who insist on fighting each other every step of the way and try to pull off disreputable actions only generate more strife, more frustration, and this usually only puts more pressure on the attorneys involved to do things that are either impossible or extremely ill-advised. The happiest divorces are the fairest ones and the only way to ensure fairness is to place a lot of effort into working together to come to a resolution.
The San Diego divorce lawyers at Fair Cadora, APC have assisted San Diego residents with their family law needs for many years. Our team of distinguished attorneys has earned numerous legal honors from prestigious societies and their peers, including Board Certification as a Family Law Specialist from the California Board of Legal Specialization.
Please call the firm today to schedule a consultation to discuss your options.