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“The Truth, the Whole Truth and Nothing but the Truth”

Deborah Pipkins • Jun 10, 2016

Almost everyone has heard the phrase “do you swear or affirm to tell the truth, the whole truth and nothing but the truth.” This oath, given in court, commits a witness to testifying truthfully and completely on the witness stand. The reason for the oath is simple; the judge needs to have the truth, the whole truth and nothing but the truth to render a fair, just, and legal decision. If you are a party to a case and will be testifying, you will take this oath and you must commit to telling the full and complete truth with no falsehood, however slight it may be, included in your testimony. The oath, made in open court, is vital; however, the beginning of your testimony shouldn’t be the first time you make the commitment to tell the truth, the whole truth and nothing but the truth. That time should be the first time you consult with an attorney.

An attorney providing a consult (in our case, a family law consultation) needs to know all the pertinent information. The worst mistake you can make is to not tell your attorney everything, including your own bad actions. The advice you receive, and which hopefully you will follow, will be based upon the information you’ve provided. An attorney wants all the information, the good and the bad , so that he or she gives the correct advice you need to make good decisions regarding your court case . While it is imperative that you tell your attorney everything, it can be difficult to tell “the truth, the whole truth and nothing but the truth” for a variety of reasons.

Most people don’t go to attorneys as a matter of routine but only when there’s a problem that needs to be fixed. In domestic cases (divorces, custody, guardianships, adoptions, visitation) your problems may include information of a very private and personal nature. Additionally, there may be things that you just don’t want to admit to because you may be embarrassed by your actions or afraid of the legal ramifications. Maybe you did things that you shouldn’t have done like: burned his clothes, threw away her family pictures, trashed his car, got a DUI or any number of things that may happen during the break up of a marriage. While you should never do those things, it’s extremely important for your attorney to be prepared and ready to address the matter in court. You and your attorney will be the only persons in the courtroom who are 100% focused on winning your case. Your attorney can’t help you if he or she doesn’t know all the facts of the case.

In addition to giving your attorney the information needed to fully represent you, your attorney may be able to ease your worries. Simply stated, it may be that what happened or what you did isn’t a “big deal” in the legal proceedings. Your attorney is the one who should have the experience and knowledge to advise you as to what will be important in the court room and how to present the information to the court. Give your attorney all the details- including those details that are “bad” for you along with those that are “good” for you. Your attorney may tell you that there is nothing to worry about or he or she may be able to give you advice to correct the situation.

Your initial consult is the first step to a successful case. Always tell your attorney the “truth, the whole truth and nothing but the truth.” You may not get the answer that you want, but you are more likely to receive the information you need to resolve your legal issues.

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Get some peace of mind with Tripcony, May & Associates on your side. Little Rock divorce attorneys and expert in family law since 1980, we also have an office in Hot Springs. Whether providing legal services in Pulaski County or other parts of the state, our divorce and family law attorneys know Arkansas law and have the experience and knowledge to help you in your time of need.

Give us a call at 501-296-9999 to schedule your family law consultation, and we will help you navigate the legal issues in your time of need.

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