5 things attorneys do when getting new harmful evidence

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 Reeves Point of View:  5 things attorneys do when getting new harmful evidence



Let’s be clear.  Attorneys HATE getting surprised.  Attorneys spend countless hours reading, reviewing, and analyzing documents, files, and evidence in order to prepare for the presentation of the best case possible.   The LAST thing they want is a surprise.


So, imagine how they feel when their client or some other person drops the bomb on them about something that could potentially blow up their case.  Yea, now take that feeling and magnify it times ten.


So, I’m sure there is some questions people have about what happens when they share harmful information.  I can’t speak for EVERY attorney but here are a few things to consider:


  1. DESCRIBE IT.  Get the COMPLETE picture.   When I would get harmful or bad info, I don’t want a piece of the information.  I want to know everything, no matter how small.  

  2. EVALUATE IT. Now that I have this piece of information, I want to evaluate what it means in conjunction with everything else I have already.  .  

  3. DISCUSS IT.  This part is the toughest part.  Sitting the client down and having a heart to heart discussion.  And this part is NEVER sexy.  This discussion is where you explain to the client the impact of this new information and whether it has no effect on their case, makes their case stronger or makes their case weaker.

  4. DISCLOSE IT (or NOT).  This part is just as tough as discussing the new harmful information.  Depending on the court or the circumstances, your attorney may have to disclose (tell the court or tell the other attorney) about the new information they received.

  5. DO WE (or I) STAY or DO WE (or I) GO.  Depending on the new evidence, this information may significantly change how the case has to be handled.  As such, by continuing the case, the new facts may result in the client having to pay more for the attorney to handle your case.   Sometimes, depending on the situation, the new information may put the attorney in the position of having to recommend that the case be withdrawn (dropped).  Sometimes, clients don’t want to drop their case so this may put an attorney in the position of having to withdraw from the case.


Again, every case is different and any new information received may result in a different situation.  Just know that when attorneys receive new facts or evidence that is harmful, they have to make a lot of decisions that may impact your case.

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