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IBA: Divorce and Social Media

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An overwhelming 81% of the nation’s top divorce attorneys say they have seen an increase in the number of cases using social networking evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML). Facebook holds the distinction of being the unrivaled leader for online divorce evidence with 66% citing it as the primary source.

Facebook relaxed privacy settings over the last year. Some attorneys believe this has led to some users’ personal information being released without the user’s knoweldge. In May, Facebook founder Mark Zuckerberg acknowledged the problem and, in a blog, announced new tools making it easier for users to tighten privacy settings and block outside parties from seeing personal information.

Indianapolis attorney Nissa Ricafort of Broyles Kight & Ricafort said, “Facebook and Twitter are enticing to individuals because they offer an opportunity to be spontaneous and to share the fun and exciting things that are happening in their lives. The problem is that people often post their messages in a hasty manner without considering who might be reading the messages or the implications of the content of their messages. This is why divorce lawyers end up with so much ‘dirt’ on people to present in court proceedings. These lawyers often are able to capitalize on an individual’s lack of judgment that he or she has posted on the web for all to see.”•

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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