Lawyers have a legal obligation to be honest when representing their clients. In fact, the American Bar Association’s Model Rule 4.1, “Truthfulness in Statements to Others,” states:

In the course of representing a client, a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

But what about their clients? Do they have to tell the truth? Or is it okay to lie as long as it’s in the best interest of their case? We’ll explain why lying is never a good idea when trying to prove liability, and why it’s a red flag if your lawyer asks you to do it.

Why It’s Best to Abide By New Mexico Personal Injury Ethics

It’s not uncommon for us to hear “My lawyer asked me to lie.” 

Throughout our years in practice, we’ve received calls from folks being represented elsewhere, stating that it just doesn’t feel right to exaggerate symptoms or “adjust” their story—as their lawyers are asking. Unfortunately, some attorneys believe that bending the truth about symptoms or injuries can help their clients have a better outcome, when in fact, telling the truth actually protects accident victims. 

If you’ve been asked to lie, it could negatively affect your case in several ways:

Creates inconsistencies with insurance companies.

The defendant’s insurance company has its own investigators examining the extent of damages caused by its client. If they discover discrepancies in medical documentation, records, or testimony regarding your case, they may doubt the legitimacy of your injuries. This can result in lower compensation offers, a delayed settlement, or denial of your claim.

Challenges the opinions of medical professionals. 

Doctors, psychologists, and other medical experts play an important role in determining how much physical and emotional damage resulted from an accident. Their professional opinions are crucial in quantifying the compensation victims are owed. Lying about injuries or the way the accident has affected your life will conflict with their interpretations. And if the opposing party proves inconsistencies between your story and expert witnesses, it can weaken your case.

Sets you up for legal trouble.

Let’s say a judge or jury discovers that you fabricated evidence or didn’t tell the truth about how much pain you’re in. “But my lawyer told me to lie” is not a valid excuse in court and won’t save you from criminal charges. A perjury conviction in New Mexico can come with hefty fines, imprisonment, and considerable damage to your reputation. Being dishonest is just not worth the potential legal ramifications.

How Contacting an Honest Attorney at Kane Law Will Help You Get the Most Compensation

It may sound like a lot of wasted time to get a second opinion in your personal injury case, but trust us—speaking with a lawyer who believes in telling the truth will be well worth it. 

During a no-cost consultation, we will meet with you and:

• Review the facts of your case (the real facts). We want to know how the accident happened, what kinds of injuries you actually endured, what doctors you’ve been to, the amount of medical bills you’ve accrued, the days you’ve spent out of work, and how the accident has really affected your life. 
• Discuss the legal strategies that your current lawyer has proposed. This includes any witnesses who have agreed to speak on your behalf, and any advice to exaggerate your symptoms or lie about the accident. 
• Go over the potential outcomes of your case. If we think your attorney’s approach is reasonable and will get you a fair settlement, we will be completely honest and let you know. But if a plan to stretch or bend the truth could put your case or compensation at risk, we will advise you to go with a different lawyer. 

As attorneys who abide by New Mexico personal injury ethics, we achieve maximum settlement amounts for our clients while maintaining our integrity. It’s not necessary to lie when we are looking out for our clients’ best interests! 

To get the most compensation for you, we will: 

• Gather essential documentation such as police reports, medical records, and witness statements.
• Conduct our own investigation to prove that the other party was negligent or reckless. If multiple parties are responsible for the accident, we will see to it that all are held accountable. For instance, truck accidents in New Mexico often involve not just the driver, but the trucking company, as well as maintenance providers or cargo loaders. 
• Negotiate with insurance companies to ensure you get paid for not only physical injuries, but also emotional trauma after the accident.   

Contact Us for an Honest Second Opinion in Your Personal Injury Case 

If you don’t feel right about what your current attorney is asking you to do, give us a call. Winning a personal injury case does not require lying; it just requires having an experienced attorney. Contact us today for free at (575) 526-5263.