Clients sometime forget what is their case’s greatest asset. It is not the great photos, their expert witness, or even their attorney. The greatest asset their case has is the Client’s integrity and credibility as a witness. If a claims adjuster, an insurance defense attorney or jury thinks your client is a liar why would they want to give him a dime even if he is hurt? Clients sometimes let the “dark side” enter their hearts and cloud their judgment.
In the Star War’s Movie: The Empire Strikes Back, Luke trains on a remote planet to become a Jedi Knight. His Master, Yoda, tells Luke that fear and anger will pull him to the dark side, and that there is no turning back from the dark side once he embarks on that path.
These same emotions can draw a client towards the dark side. Clients can be fearful, greedy, and angry. Instead of answering questions truthfully, they can be tempted to try and make their case better than it really is in order to get even or because they are afraid of losing. I have long told clients to avoid the temptation to try an improve on the truth by exaggerating their injuries or by lying.
“You don’t want to take a good case, try to make it into a great case, and turn it into a bad case!”
Next time, caution your client to tell the truth, the whole truth and nothing but the truth. Deceit and exaggeration are problems that are almost impossible to solve through trial advocacy. Credibility is the advocate’s most valuable currency in the marketplace of ideas.