What do you do when your gut says your client is lying to you?
I do what I do at all times- test my client's version.
stick with my insticts, they dont lie,.
The important thing is that what the client says seems true in court
If this question means: do I believe my client is telling me the truth about his defence, then I would advise on the merits of the defence being put forward by the client. It is not the lawyer's task to judge the case. That is for the jury. In the absence of an admission of guilt or a plainly ridiculous and implausible defence, one would work with what one has, and endeavour to put the situation bluntly to the client so that (s)he has a realistic appraisal of the risks of persisting in their line of defence, and the chances of the jury believing them. However, sometimes the truth can be stranger than fiction. So, in the end, one has to go with the client's version of events.
In non-criminal cases, try and coax out the truth by a set of carefully crafted questions which are put in a non-confrontational way. However, it may sometimes be necessary to tell a client directly that their story is palpably implausible and that if it is persisted in it is likely to have a detrimental effect on their argument/case.
It therefore very much depends on the circumstances and the extent to which contradictory evidence destroys the client's stance. In a criminal case, for example, where the onus is on the prosecution to prove its case, the prosecution evidence can be tested until the close of its case.
Ask questions again and again and sometimes even directly and openly question their truthfulness.
I ask them. If I have proof and they refuse to come clean, I drop them.
good question however when we go and take these children into our custody we pretty much knows what went on all we need them to explain it in there own ward what has happend to them
I won't take the case if I feel like a potential client is lying.
I ask them for the truth, I cannot do anythin without that
I rarely have this problem but when this does arise I always try to get my client to come clean because ultimately the truth is likely to be revealed at the employment tribunal.
It depends on the type of case. I don't handle criminal actions, so it is not as serious. However, in civil actions, if my gut tells me they are lying I trust my clients. I may follow up and let them know it is OK to tell me the truth 100%, but I will ALWAYS defer to their notion of truth. Often "truth" is a perspective. Many people believe they are right, even though they are not. My job is to represent my client...end of story. If I "know" they are lying, that is a different story. I will confront my client and will never put forth an argument that I know to be false. I have a duty to the community and the legal system to perpetuate truthful interaction and representation. I am proud to say that I have never knowingly made a misrepresentation to counsel, client or courts. I refuse to lie.
You try and get the client to tell the truth as it could get the fee earner into a lot of trouble if the client is up to no good and the fee earner does not know about it.
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