Social media evidence now touches almost everyone, from ages 0-99+. I vividly remember the arrival of Facebook in Texas during my sophomore college year. Initially exclusive to larger universities, my small liberal arts college gained access a few months later. Creating a profile, listing favorites, viewing photos, and reconnecting with old friends showcased the early potential of social media evidence in capturing life’s moments.
Social media evolved from a platform for college students to a universal medium. Nowadays, everyone, from your little brother to your grandparents, likely has an account. In fact, there are more accounts on some platforms than the global population. Social media has become the primary means of communication. Even when planning to meet in person, people often stay in touch via these platforms.
Sometimes social media use can be harmless. Looking up photos from your cousin’s wedding is good fun. Posting a high school photo, tagging the other people in the photo, and then having a “remember when?” conservation is a nice trip down memory lane. However, social media is not always used in this fashion. We know that social media is one of the main ways that divorces start in our country. What began as a harmless social media account being created may end up as a tool to be used in cheating on your spouse or at the very least something used for purposes that you would not want to share with your spouse or kids.
This is what we are going to be discussing here on the blog for the Law Office of Bryan Fagan. Social media use is not something that you should engage in without thinking about the consequences of doing so. While you want to believe that you are having a fun, frivolous conversation with an old friend in private, social media can be anything but that. What social media is so good at is lulling us to sleep when it comes to using their application. The next thing we know we are spending more and more time on there under the impression that we are doing nothing more than chatting with an old friend.
We are going to walk through what it means to use social media and how that usage can become a part of your child custody or divorce case. It should come as no surprise that the more time you spend on social media, the larger social media usage will play a role in your case. There is no telling just how social media evidence could impact your case without first discussing the situation with an experienced family law attorney. The attorneys with the Law Office of Bryan Fagan are here six days a week to discuss your case in person, over the phone, and via video.
Family law attorneys use social media for research purposes
When you hire an attorney (or when your spouse does) one of the first things that an attorney will do is log onto the various social media platforms to learn more about you, your spouse, your family, and the people that you spend your time with. It should come as no surprise that even an attorney can act as a good investigator when it comes to the use of social media. Many people have no filters set up on their profile(s) so even a non-friend/connection can see what you are doing.
If it is your attorney who can view your profile, then this may not be too bad of a thing. Your attorney can help you by telling you what he or she sees that could become problematic. On the other hand, if it is the opposing attorney who sees something questionable about you then their eyes may light up. That photo you thought you had deleted or that post you thought nobody would find can quickly turn into a nightmare for you in the context of your family law case.
A family law case is not the same as a contract dispute, personal injury case, or any other type of legal matter that you may become involved in. The reason is that your divorce relates to your most intimate moments, your family moments, and everything in between. While you may not think about it all that much, the reality of the situation is that you may live a great deal of your life through the lens of social media. Some of you may shy away from posting but if your friends or family members are avid social media users then you may as well share a profile with that person.
What we need to examine today is how social media use and the evidence of that use can come into court and impact your divorce or child custody case. When an attorney is using social media in hopes of locating a profile for you or your opposing party. It is not as if what that attorney finds can be automatically entered into the record in your case, rather, there is a process that revolves around the rules of evidence that will determine whether that evidence can be admitted into the record of your case. Unless the evidence can be admitted then a judge cannot consider it.
Working with an experienced family law attorney can make a tremendous difference between what evidence makes its way into the record and what evidence remains safely away from the judge’s eyes and ears. When you hire an experienced family law attorney with the Law Office of Bryan Fagan, for example, you are getting an attorney who spends a great deal of time in court. That experience translates into knowing how to admit evidence which matters for our clients while playing defense against evidence that we would prefer to not find its way into the court record.
This matters so much in a family law case. However, I would bet that you may never have been told anything about this subject before. Our attorneys focus on the details of a case to such a degree that you can focus on your family and your goals for the case. We do not make decisions for our clients, but we do help guide our clients toward better outcomes in their family law cases. It is not enough to simply talk the loudest, have the nicest office, or impress with the best courtroom suit. You have to back it up with skills and knowledge. The attorneys with the Law Office of Bryan Fagan can perform when you need them the most.
When an attorney is looking you up on social media it could be to help you play offense. Or, it could be a cause for your attorney to need to help you play defense. Take a moment to think about your social media use and how it may impact your divorce. It’s no wonder that family law attorneys spend so much time trying to take advantage of every situation they can encounter when it comes to potential evidence for a case. From an attorney’s perspective, evidence on social media is especially helpful because a little effort is needed to locate the evidence.
Having Difficult Conversations with Your Attorney
In nearly every family law case, there’s a moment when clients and attorneys face a tough conversation. This discussion often involves sensitive subjects that might embarrass the client. Although neither party may look forward to it, this “skeletons in the closet” conversation is crucial. Our attorneys aim to uncover any potential issues early on, before your case begins.
It’s best to have these discussions at the start rather than being forced into them mid-case. If you surprise your attorney with unexpected information, it can catch them off-guard. Early conversations, however, give your attorney a chance to prepare thoroughly for your case.
Assessing Social Media Evidence
Social media evidence might be part of these sensitive disclosures. You might need to show your attorney online information that concerns you. Sometimes, what worries you may not significantly impact your case. This realization allows you to focus on more critical aspects of your case. However, if the social media evidence is crucial, your attorney can strategize accordingly.
This underscores the importance of choosing the right attorney. Comfort in communication is key. You need to feel at ease discussing uncomfortable topics with them. If the thought of such discussions makes you uneasy, reconsider your choice of attorney.
The Value of a Face-to-Face Consultation
A face-to-face, free consultation can be invaluable. It’s an opportunity to get to know your attorney and assess your comfort level with them. While you might not divulge embarrassing details during a consultation, consider how you’d feel discussing sensitive matters with them later. If you can’t see yourself doing this, look for an attorney with whom you’re more comfortable.
Minimizing the Negative Impacts of Social Media in Your Family Law Case
With a lot at stake in your case, the last thing you want is for social media evidence to play a major role in missing your goals. Your past social media habits can’t be changed. But, if your case hasn’t started, there’s still time to adjust your social media use.
First, consider if it’s wise to keep using social media during your family law case. The risks often outweigh the benefits. Whether it’s about a family event, work, or issues with attorneys, think twice before posting. Instantly turning to social media with complaints can significantly harm your case.
The High Cost of Speaking Out Against a Judge
Complaining about a judge online is particularly risky. Stories abound of the repercussions from such social media posts. Don’t underestimate the opposing attorney’s ability to find these posts. The consequences can be severe, not only within the case but also in any future hearings or trials.
Foolish posts can jeopardize not just your case but also affect your children. Opting out of social media during your case is a wise choice. While you might miss out on social connections, avoiding last-minute mistakes on social media is crucial. These errors can seriously damage your case.
Social Media Use After Your Case
Post-case, you’ll have plenty of time for social media. During the case, be aware that the opposing side will use any advantage, including social media evidence, against you. Handling a family law case is already challenging without the added pressure of defending your social media activity.
Be honest about your social media footprint. If it’s significant, inform your attorney early on. Discussing potential issues early allows for better strategy planning.
Social media evidence represents just one facet of the intricate dynamics in a family law case. Engaging with a seasoned attorney can significantly enhance the outcome for both your case and your family. We appreciate your visit to the Law Office of Bryan Fagan’s blog. Please return tomorrow for further exploration into the nuances of Texas family law.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Other Related Articles:
- Legal Implications of Social Media Use: What You Need to Know
- Be Careful of Your Social Media and Cell Phone Accounts During Divorce
- Social Media and Text Messaging How Technology Impacts Evidence in a Family Law Case
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
