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Monthly Archives: July 2017

Digitally Yours, Forever… and Ever

Posted on, Jul 31, 2017 in Electronic Evidence by

Ten years ago, when I was the Quote of the Day in the New York Times, “No one cares more about the things you do than the person that used to be married to you”, on the rising use of EZ Pass records and other electronic evidence in divorce proceedings, I was challenged as being incredibly cynical. Time, however, has shown I was merely being prescient. While there are countless, priceless advantages to the internet and social media, such as accessibility of medical research globally, the possibility of medical treatment being given remotely, the ability to have visual and auditory communication with loved ones irrespective of distance, there is a minefield of hazards at every keystroke or movement.   Ironically, when potential clients come into my office about the possibility of a divorce or custody dispute, almost all of them underestimate the digital footprint they have been leaving every moment of every day. Nothing can really ever be hidden anymore. Electronic communications, texts, emails and postings are introduced as evidence in courts of law everywhere. For divorce and family lawyers, these communications are a treasure trove to document where an individual was at a specific time and day, proof of improper parenting or lifestyle issues. We are not unlike defense lawyers in a personal injury case where a claimant’s social media pages are scrutinized to discover evidence to disprove his or her claims. For example, there was an 18 year old high school student, Fotini Lourtesis, who indisputably was hit […]