What Happens If You Lie to Your Divorce Attorney in Massachusetts?

Look, nobody wakes up in the morning thinking, ‘Today feels like a great day to commit perjury.’ But embarrassment, or even panic can lead to little white lies that quickly snowball into big courtroom disasters, and when that happens, your case drags on and your divorce lawyer costs can skyrocket. Clients lie out of fear instead of intentionally being malicious. Some clients worry that their divorce attorney may judge them, they fear losing their case, and even feel embarrassed. But the one person you should never lie to is your lawyer. In Massachusetts, dishonesty with your attorney can not only backfire in court, but also damage your credibility. You may be left without representation! 

KEY TAKEAWAYS 

• Attorney-client privilege means your secrets stay safe. 
• Lying destroys your credibility in court and with your lawyer. 
• In Massachusetts, lawyers cannot help a client commit fraud and they may withdraw if you lie. 
• Your credibility is important with how the judge perceives you. 

WHY LYING BACKFIRES

Beware of potential fallouts 

• Credibility destroyed: Once a Massachusetts Probate and Family Court judge believes you lied, all your testimony may be treated as unreliable. Credibility is central to judicial decision-making in family law. 
• Perjury risk: If you lie under oath, you could face criminal consequences for perjury. In Massachusetts, perjury is a criminal offense under G.L. c. 268, § 1. 
• Attorney withdrawal: Under Massachusetts Rule of Professional Conduct 1.16, your lawyer may have to step away from your case to avoid ethical violations if your dishonesty were to require him or her to violate the law or professional rules. 
• Opposing counsel exposure: Divorce lawyers are trained to uncover inconsistencies through discovery, subpoenas, and cross-examination. If exposed, dishonesty can be used to impeach your credibility and seek sanctions. 
• Adverse inferences: Courts can assume that hidden facts you lied about are unfavorable to you, drawing negative inferences against your position. Is hiding embarrassment really worth it? 
• Loss of negotiation leverage: Settlement talks collapse quickly when your credibility is gone. Trust is essential for negotiation, and dishonesty undermines it. 
• Financial penalties: Judges can order you to pay sanctions or even your spouse’s attorney’s fees for wasting time with dishonesty, G.L. c. 215, § 34A. See, e.g., Galvin v. Galvin, 64 Mass. App. Ct. 1106 (2005). Massachusetts courts have authority to impose such penalties under Mass. R. Dom. Rel. P. 11

Why Clients Sometimes Get Creative With the Truth

• Trying to “game the system”: Some clients think they can outsmart the process by hiding assets or spinning stories. 
• Receiving unsolicited advice from loved ones: Friends, family, or internet forums often give “tips” that lead clients astray like “just don’t mention that part.” 
• Wishful thinking: Hoping that if you don’t mention a problem, it won’t come up. In reality, inconvenient facts have a way of surfacing usually at the worst possible moment. 
• Protecting someone else: Sometimes clients omit facts to shield a child, a relative, or surprisingly, even their ex from embarrassment or legal trouble. 
• Financial anxiety: Worries about losing assets or paying support can tempt clients to fudge numbers about certain accounts. 
• Misunderstanding what matters: Clients may not realize that even small details like a forgotten Venmo transfer or a casual text can have big legal consequences. After all, going through a divorce is a stressful event.

For instance, Mr. Foley, an attorney in Massachusetts was suspended for three years for helping his client, encouraging perjury in a criminal case and fabricating a defense. He was caught speaking to an undercover FBI agent. The supreme court found his conduct damaging to the public trust. 

HOW TO PROTECT YOURSELF (STEP-BY-STEP)

• Be upfront early. Tell your lawyer the bad facts before the other side does.
• Don’t self-edit. Let your attorney decide relevance. 
• Rely on privilege. Your lawyer can’t share your private disclosures. 
• Think long-term. One awkward conversation is much better than a ruined case.

FAQs

 Q1: Can my Massachusetts lawyer drop me if I lie? 

A1: Yes. If dishonesty prevents them from representing you ethically, they may withdraw from your case. However, you may want to have a heart-to-heart with your lawyer so he or she can have a chance to strategize. 

Q2: Will my secrets stay private even if I tell my lawyer something bad?

A2: Yes. Privilege protects most disclosures. 

Q3: What if I already lied? Should I come clean? 

A3: Absolutely. Your attorney can only fix problems they know about. The earlier you disclose, the better they can strategize. Most experienced attorneys have “seen it all” and would appreciate your honesty going forward. 

Q4: Can I lose custody in Massachusetts if the judge thinks I lied? 

A4: It depends. Credibility is a key factor in custody determinations, but not all lies are treated equally. If a Probate and Family Court judge finds that you lied about issues central to your child’s welfare, parenting ability, financial circumstances, or fabricating allegations of abuse can seriously undermine your case and may affect custody or parenting time. 

However, minor or immaterial misstatements (for example, underplaying how much you spent at the nail salon versus exaggerating the cost of your children’s McDonald’s meals), are unlikely to result in a loss of custody on their own. Judges focus on the best interests of the child under Massachusetts General Laws c. 208, § 31, and will weigh the seriousness, context, and pattern of any dishonesty. Repeated or significant lies that call into question your fitness, but isolated, trivial inaccuracies generally do not. Speak to an attorney regarding your specific legal case. 

Bottom Line

Your attorney is your advocate, but only if you’re honest. If your tempted to lie, stretch the truth or withhold information in your Massachusetts divorce or family court case, your will only be hurting yourself.

Get Your Future on the Wright Track — Schedule Your Free 15 Minute Discovery Call Today!

Wright Family Law Group serves clients across Massachusetts, including Middlesex, Essex, Suffolk, Plymouth, Norfolk, Bristol, Worcester, and Barnstable counties, from our offices in Tewksbury and Danvers, conveniently located near Route 495, Route 95, and Route 93.

Whether you’re facing divorce, custody disputes, child support, or another family law challenge, the time to act is now. Schedule your free 15-minute discovery call today and get the guidance you need to move forward with confidence.
General information based on Massachusetts law; not legal advice. Outcomes depend on facts. For advice, consult an attorney.