One of the essential ingredients for a successful resolution of a divorce is attorney-client privilege. Here’s a definition of the term, and ways to fully utilize it to your advantage when going through a divorce settlement process.
Cornell Law School defines Attorney-client privilege as “that works to keep communications between an attorney and his or her client secret.” It is a confidential, safe haven that allows you to disclose all information without embarrassment and helps your lawyer know about all the facts so she can best construct your case.
Your lawyer can plan how to best represent you and handle all possible negative information with your honest communication, the attorney-client privilege, and the overarching atmosphere of confidentiality. Full and honest disclosure of all needed information, even extramarital affairs, arrests or undisclosed income, provides your lawyer with a complete picture of the facts that could come into play in your situation.
If you conceal lines of credit or assets, you’re carrying out an act of fraud. If the deception is found out, it can be cause for an increased award for your spouse, stiff penalties or possibly time in jail. Honest disclosure of all assets and liabilities is truly the best policy in every case.
A Strategic Advantage
One perk of disclosing information confidentially to your attorney is the strategic advantage it will give your case. Your attorney will be able to know all of the details of your financial, legal and social situation so she can plan a response or even proactively act to preserve your best interests in a settlement or custody arrangement.
Taking advantage of the attorney-client privilege is the first step in representation in your divorce settlement. This way you and your attorney can achieve the best chance for an equitable division of property, custody and spousal maintenance.