Perils of Emails, Voice Messages, Texts & Online Posts

Remember that whatever you send digitally may show up in your divorce case. Every spouse is only too happy to bring to their lawyer's office the digital message that you sent saying they can have whatever they want, or they can have custody or offering a large settlement. Likewise. remember that every client is only too happy to also show their lawyer the threatening messages that you send, leave in voice mail or on an answering machine.

Because of the ease in communication, clients get careless about what they say and forget that more often than not it is preserved by their spouse. I have had clients come in with their cell phones to show me texts, play me messages, show me emails all for one purpose to help them get ahead. Clients write impulsively and if they knew that what they said or wrote may be used in court they would say it differently or say nothing at all.

I have seen people arrested because of threatening messages and orders of protection issued. I have cross-examined the other side and watch them deny saying what they have already said or written and presented the evidence to show that they are not telling the truth and damaging their credibility.

Social networks are another source of information. Clients bring me Facebook print outs of pictures that are inappropriate in the middle of a custody dispute or posts that contain rants about the judge or the law guardian.

So, if you wouldn't say it in court in front of a judge, then don't leave a paper trail or a voice recording of the same thing.