#19
Complaints & RecourseHigh Risk
After you disclose a weakness in your evidence, the other side's attitude suddenly shifts
Information Leak
Why It's Dangerous
If you disclose a weakness in your evidence to a mediator, an administrative official, or anyone else, and the other side's posture noticeably changes afterward — suddenly hardening or shifting strategy — this strongly suggests your information was leaked.
Real Case
During mediation, a client told the mediator that a key document had not been retained. The very next day, the opposing lawyer cited exactly that to refuse settlement, and later attacked this specific weakness during the hearing.
* This case has been anonymized. Details have been adjusted to protect privacy.
What To Do
1
Only disclose evidentiary weaknesses to your own lawyer, never to any third party2
Don't reveal your full hand during mediation or complaint proceedings3
Hold key evidence back until the most advantageous moment to use it4
If you suspect a leak, immediately assess the impact and adjust your strategy