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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. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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