Monday, July 21, 2014

What Does your Attorney Mean by "Do you Have Proof?"


Does this sound familiar to you?  You are telling someone a story about something that happened and you can see the skepticism on their face.  Or, they tell you outright, "That's not what I heard". Or, they say, "I'm sure he didn't mean it that way?"

Perception is everything.  What you perceive and recount to another comes from your personal POV (point of view).

Even if several people observe the same event or conversation, their perceptions can differ greatly. That is why attorneys and law enforcement realize that even eyewitness evidence can be unreliable.

If your attorney has asked you for proof of something in your case, she is looking for objective evidence that a thing happened as you report it.

Proof can be any of the following:

  1. Emails showing communication and notice given;
  2. Paper documents;
  3. Photos;
  4. Digital files or posts;
  5. Witnesses (I know, I said they can be unreliable, but having someone other than you who is willing to tell a supporting story, especially under oath can help);
  6. Items, in a property dispute such as landlord/tenant (a leaking roof that can be inspected);
  7. Government records (assumed name certificates, court paperwork, deeds);
  8. The opinion of a professional (a therapists' report or testimony, an estimate from a foundation repair expert, a profit/loss statement prepared by a CPA or bookkeeper).
  9. Proof of Sending (email receipt confirmation, "green cards" or signature confirmation from U.S. mail);
  10. Logs or Journals that you kept at the time of the events. (this is a limited type of proof, but is still useful to help prove your point). 
Keeping records and proof as an event unfolds and keeping it organized can be invaluable to you if you should need it later.  It goes without saying, but I am going to say it anyway... make sure you don't violate any laws and don't falsify any information. 


"Passionate, Professional & Personal. We Make the Difference."
We are celebrating our 30th anniversary in 2014!  A big THANK YOU you to our clients & the community for making this possible! 



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