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More than 90 percent of America’s top divorce attorneys said they have seen a spike in the number of cases using evidence from text communications in the past three years, according to the American Academy of Matrimonial Lawyers (AAML).Texts are the source of great embarrassment if one spouse keeps texts sent during times of anger or frustration, or when socially involved and not being mindful of their words.If a spouse leaves his/her cell phone on the kitchen table, or in a public spot, unlocked, a spouse can review the entire record freely and copy the record.So tell your clients: be careful where you leave your phone. Cell phones offer other avenues to obtain interesting discovery.(Call your phone provider to ensure that locations services has not been enabled.) These GPS services can issue an alert whenever the person setting the program requests.And although also illegal in Illinois, there are programs that will voice active a recording whenever there is conversation where the phone is located.Likewise, work computer records are susceptible to subpoena for those transmissions that are sent/received that are not work related.
To do so, they need to understand and know the right questions to ask about social media.They provide a window that provides perhaps a reflection of someone’s real thoughts and intentions at times when they are not thinking like a litigant. Clients can send you the entire chain of texts between spouses so attorneys can review them to see if there is any gold in that mountain.We as advocates need to tell our clients that if they do not want a judge to see it, don’t write it down.If one party has legal access to the other party’s email account, the transmissions sent by the address owner will be evidence admissible in Court.There are objections to emails received by the owner (hearsay and authentication), however they can be managed by subpoenas to the internet service providers for their records to demonstrate who owns the accounts from which the emails were sent.