Scouring the Web for evidence

June 6, 2008
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It’s no secret that what you post online can be viewed by anyone – including a judge. A not-for-publication case handed down by the Court of Appeals Thursday involves a custody dispute, with the father offering evidence he found on the Internet to gain custody of his daughter.  



The mother, Amanda Thompson, never married Samuel Strange, so under Indiana Code Section 16-37-2-2.1(g) she had sole legal and physical custody of their daughter.  



Strange, after filing a petition for child custody determination, found Amanda’s MySpace page. On it, Thompson had posted a photograph of their daughter and information about her, along with profanity, that she was going to kill herself, and that she liked being “doped up.” Strange introduced this evidence along with proof he provided his daughter’s schooling, nurturing, caring, and support, and the trial court granted him custody of their daughter.  



It doesn’t say whether Strange came up with the idea to look for her MySpace page or if his attorney encouraged him to search for information about her on the Internet, but perhaps this is something more parties and attorneys are doing in preparation for their cases. Indiana Lawyer recently had an article about attorneys using free and low-cost Web services to find out information about clients, opposing parties, and witnesses.



We hear warnings all the time about not posting information online that you wouldn’t want others to see because once it’s up there, it’s out there forever. Is the general public still slow to catch on to this idea, or do they think that personal Web pages are off-limits in court cases?  
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  • Word of caution: when posting anything on line, whether it is on a social media site, or even a blog like this, remember that your comments are permanent, and without later edit. You can\'t say something you might regret later, and then real it in. All this communication is the wave of the future, and lawyers should do what they can to familiarize themselves with the various forms. But they should do so with caution. It can be a great marketing tool if done correctly.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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