Judge Orders Exchange of Facebook and Dating Website Passwords in Custody Fight – News – ABA Journal

Judge Orders Exchange of Facebook and Dating Website Passwords in Custody Fight – News – ABA Journal.

Well THIS is an interesting idea. We advise our clients to monitor all social media sites they use once they retain us, partly to avoid issues like this. There are many bad things and virtually no good things that can come from having a public Facebook or other social media page during a divorce or custody case. You never know how a seemingly innocuous photo or post can come back to haunt you in a divorce or custody trial, and you can be sure that many attorneys are now monitoring other parties’ profiles as well as their own clients’. Checking into a location from Facebook or Foursquare is an equally-bad idea, which can have unintended disastrous consequences.

We check email addresses, social media profiles, and many other online activities of our own clients as well as other parties, and frequently gather useful information from such sites. Even if pages are set to “private” or otherwise hidden, information can still be found, which is why we recommend monitoring all such sites during the pendency of a divorce or custody case.

2 thoughts on “Judge Orders Exchange of Facebook and Dating Website Passwords in Custody Fight – News – ABA Journal

  1. Daniel Burnick Reply

    Advising clients to delete SM sites is most likely an ethics violation: spoilation of evidence. I speak/write a bunch about this: be careful. Case out of Virginia where a lawyer told client to delete, judge reduced multi million dollar wrongful death verdict by over 4 million and sanctioned lawyer and client to tune of $700+. My guess is that he got disbarred or at least heavily sanctioned.

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