10/30/2024
THE ISSUE OF TRUST IN A LEGAL REPRESENTATION
“Do you really trust me, Mr. Rabbit? “Of course, I do, Mr. Crow. Unless I think you want to know where my carrots are.”
This portion of a simple children’s tale illustrates an issue that commonly comes between a client and a lawyer – trust.
A client may hold back on the details that seem damaging to a legal position.
Maybe the client contends that he is not bound by a contract because the employee who signed on his behalf did not have the authority to do so. For the attorney, the legal position seems clear – the client is not bound by the contract, and the attorney’s position is based on this fact.
What the client may not mention to the attorney, though, is that, in a quick email, he asked the employee who signed the contract on his behalf to handle anything that came up for the company while he was out of town for a meeting.
By not trusting the attorney to know the entire story of the contract, the client has created the possibility that the attorney will be blindsided when the email cones to light and the attorney will hesitate to trust the client, thereby affecting the relationship between them.
A successful attorney/client relationship is built on trust on both sides. The attorney need to be told everything about an event whether it is damaging or embarrassing, and it is the attorney’s duty to present the facts in a manner most favorable to the client. The attorney is bound to keep any information from the client confidential and can only reveal confidences from the client pursuant to a subpoena from the Court.
Mr. Rabbit would not reveal the location of his carrots because he did not trust Mr. Crow. A client must trust an attorney to know all the facts of a case; otherwise the attorney may be blindsided by the truth, and the trust that is essential to a successful attorney/client relationship will be destroyed.