On a soapbox
On a soapbox
Excuse the self-righteousness, this once.
I won't do the wink-wink thing. Fortunately, it's very rare (but it's happened), that I have had potential clients storm off because I couldn't condone a falsehood. They took off in a huff when I stated that their unreported earnings could not be excluded from their bankruptcy petition or that a preferential payment to a family member could not be concealed. There was even an attitude of resentment, as if the free consultation had wasted their time, not mine. How low certain people think of attorneys that they presume the lawyer will conspire and jeopardize their livelihood just to get the client's money.
I convey to my clients that I have an affirmative duty to report truth and accuracy in their bankruptcy petitions. If they wish to conceal "under-the-table" earnings or problematic handling of assets, then I cannot help them. I always maintain the confidentiality of my clients and potential clients. I always represent them in the manner that will best promote their interests. But I will not represent as facts things that are not facts.
Postscript: intentional falsehoods/omissions on a bankruptcy petition or in subsequent statements under oath are subject to prosecution ending in 5-years imprisonment and a $500,000 fine (which is not dischargeable in a bankruptcy...).
Sunday, November 29, 2009