Q. I have been working with my lawyer’s paralegal for several weeks to do my financial statement for our support hearing in a few weeks. It was explained to me that I would sign it and then my lawyer would sign it before filing. My lawyer said he will not sign my financial statement the way it is currently prepared. He also said I might have to find a new lawyer.

I cannot believe he would treat me this way and I do not agree to go find a new lawyer. I have spent a lot of money and I deserve to be represented at the hearing next month. Can I make him represent me at the hearing? What happens if he tries to back out?

A. The concept behind the financial statement form is to give the court a true and accurate picture of your finances. The client is required to sign it under the pains and penalties of perjury. The form is so important that the lawyer is also obligated to sign the form attesting to the fact that the lawyer has no reason to believe anything contained on the financial statement form is inaccurate. If your lawyer is telling you he cannot sign your financial statement, that tells me that you told him something that you are not reporting on your financial statement. Your lawyer is an officer of the court and is not going to risk his license to practice by signing a financial statement he knows is inaccurate.

My best advice is come clean with whatever you are leaving off your financial statement.  Otherwise, you are taking a huge risk, and no one is going to want to help you when it eventually comes to light that you filed a fraudulent financial statement.

If you are unwilling to be honest, the worst thing you can do is insist your lawyer represent you at the hearing. If you present a financial statement that you have signed but your lawyer has not, the judge and your spouse’s lawyer are going to know what the problem is, and it is not going to go well for you. If you are still unwilling to correct the financial statement, you are better off letting your lawyer withdraw and finding new counsel or representing yourself at that hearing. No good will come of lying on your financial statement and filing it without your lawyer’s signature.

Email questions to whickey@brickjones.com