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Inform your client of the dangers of leaving their phone on the dinner or lunch table (or anywhere out in the open) when out of earshot of the other spouse, especially when divorce related or embarrassing matters are the subject of discussion. This writer does not claim to be knowledgeable about those new and perhaps useful ones.
Good management may be leaving your cell phone wherever there can be no embarrassing information revealed by its presence.
If your client has a new cell phone, he or she should beware: where is the old phone?
It could be their nightmare transformed into a bug in a car, purse, or briefcase providing a road map of activities and conversations.
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.
The purposes and consequences of searches of social media produce rich information which can be used by and against litigants on trial or in settlement negotiations.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.The information contained in the email is a constant source of information in a case: helpful or harmful to your client.Texts tend to be reflexive, people do not think about them, they exist in a context of immediacy and spontaneity.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.
Text messaging is the most common form of divorce evidence.