why does my attorney want my ex's facebook

Can a lawyer withdraw from a case?

An attorney may submit a motion to withdraw from a case if they have a valid reason to do so. Commonly accepted reasons include: Failure to pay attorneys’ fees. Regardless of whether a client signed a contract with their attorney prior to representation, the client has the obligation to pay their attorney for any services performed.

Can my lawyer talk about my case in public?

The relationship you have with your lawyer is sacrosanct. When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential. That means your attorney cannot talk about your case in public or to third parties without your consent.

Do you call your lawyer too much?

You call too often. It's true...you do. If you get your legal bill at the end of the month and you are astonished at how high it is...the culprit often times is the number of phone calls made to your attorney. Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time.

Is it stressful to represent yourself in a divorce case?

It's stressful for both you as the person getting divorced and for the attorney who is representing you. A divorce attorney who coaches people who can't afford an attorney how to represent themselves with confidence and integrity.

Can a lawyer request Facebook messages?

Federal law does not allow private parties to obtain the content of communications (example: messages, timeline posts, photos) using subpoenas.

Can Facebook data be used in court?

Can Text Messages, Emails, Or Facebook Posts Be Used To Prove Threatening Actions Against Me In Court? If investigators try to get a Facebook user's private posts or direct messages as evidence, they have to request it from the company via a warrant or subpoena. In most cases, Facebook will grant the details.

Can Facebook messages be used against you in court?

Generally, courts believe that social media posts are not “cloaked in an expectation of privacy.”1 In essence, courts have held that posting on social media is a public activity; the opposite of having a private conversation in your own home. This rule applies even if the post can only be viewed by a limited audience.

Are Facebook messages admissible in custody court?

Can those comments be used in court? Whether it's Facebook posts and comments, Instagram pictures, Twitter tweets or YouTube videos, the short answer is yes: both public and private social media content can be admissible in litigation.

Do judges look at social media?

Judges' use of social networks And, like everyone else Page 2 2 on social media, they will read and view the news, comments, photographs, etc., of people who interest them. Some judges incorporate social networks directly into their judicial activity.

Can lawyers look at social media during trial?

Monitoring Social Media Use During Trial To prevent social media use from impacting a trial, lawyers may need to go on the offensive. Although attorneys cannot send “friend” or access requests to jurors' social media accounts, they can monitor those accounts during trial.

Can deleted Facebook messages be recovered?

You can recover deleted Facebook messages by downloading them or checking old email notifications. You can also recover them by looking in the cache of the Messenger app, if you use Android. You can also check your archived messages or ask the person you were messaging with for a copy.

Are deleted Facebook messages permanently deleted?

No, you can't see deleted messages or conversations. Deleting a messagepermanently removes it from your Chat list. Keep in mind that deleting a message or conversation from your Chats list won't delete it from the Chats list of the person you chatted with. Learn how to remove a message you've sent.

Can police recover deleted Facebook posts?

If a person has deleted a post, it is still possible for that person to access it by downloading their Facebook information. However, since only the owner of the profile can get this information, this is only useful for investigations if you have a very cooperative subject or – more likely – a court order.

Can FB messages be subpoenaed in a divorce?

Federal law does not allow private parties to obtain account contents (ex: messages, Timeline posts, photos) using subpoenas. See the Stored Communications Act, 18 U.S.C. § 2701 et seq.

Are Facebook screenshots admissible in court?

Unfortunately, the court ruled that the Facebook content could not be entered into evidence, since there was no way to prove that the screenshots were an exact copy of what existed on the live Facebook site. In other words, there was no way to authenticate the screenshots.

How does social media affect court cases?

In the investigative and discovery periods of a criminal law case, police and prosecutors often gather supporting evidence from social media. They can use it to corroborate a witness or discount a suspect's statements. They may also find evidence of intent to commit a crime, which can lead to additional charges.

Is metadata admissible in court?

Is Metadata Discoverable and Admissible? Simply put, yes. Metadata is both discoverable and admissible. As one New York Court put it, “[w]hile certainly meta-data is discoverable to determine if and when documents may have been altered, that is not the only reason for production.

Can social media be used as probable cause?

Social media can be used as an investigative tool to obtain probable cause for a search warrant. So far, this procedure has not been disputed in court because digital law has lagged behind technological progress.

How do I get Facebook posts into evidence?

Step 1: Have the exhibit marked. ... Step 2: Show the exhibit to opposing counsel. ... Step 3: Ask the court's permission to approach the witness. ... Step 4: Show the exhibit to the witness. ... Step 5:Lay the foundation for the exhibit. ... Step 6: Offer the exhibit into evidence. ... Step 7: Have the exhibit marked in evidence.More items...

How does social media affect court cases?

In the investigative and discovery periods of a criminal law case, police and prosecutors often gather supporting evidence from social media. They can use it to corroborate a witness or discount a suspect's statements. They may also find evidence of intent to commit a crime, which can lead to additional charges.

What should a divorce lawyer not tell you?

Here are seven secrets your divorce lawyer won't tell you (but should). 1. You Might Not Get Your Day in Court... A divorce is a lawsuit, and we usually think of lawsuits as ending in a trial. However, many, if not most lawsuits end in a settlement. This is especially true of divorce, where upwards of 90% of cases settle—and some reports place ...

Can attorney fees be expensive?

Yes, attorney fees can be costly, and add up quickly. But your attorney may not tell you what you can do to keep them down unless you ask. You should ask, because there are some simple things you can do to reduce your attorney's workload, and more importantly, save yourself some money.

Do aggressive divorce attorneys go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Can an aggressive lawyer force you into a trial?

At worst, an aggressive attorney can force you into an expensive trial you didn't need. Most of the time extended conflict enriches the lawyers, not their clients. What's more, when your case is done, your lawyer doesn't have to deal with the ongoing hostility he or she has helped to stoke between you and your ex—but you will.

Do divorce cases go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Is a divorce trial worth it?

The expense of trial is worth it if a trial is needed to reach a just result in your case, but often, it's not. 3. Your Divorce Lawyer Might Not Have Much Trial Experience. If most divorces don't go to trial, that means many divorce attorneys don't have a lot of trial experience.

What happens if my husband is not represented by counsel?

As mentioned, if your husband is not represented by counsel, then the attorney has no choice but to communicate with him directly. Sometimes attorneys have to seek adjournments for a variety of reasons, and presumably, the attorney does communicate with you the substance of whatever communications he has with your husband, whether by phone, email, or mail. As mentioned, if there are concerns...

Is it normal for your husband to represent himself?

If your husband is representing himself, the above seems completely normal. If you believe that your attorney is not diligently advocating for you because he has developed a relationship with your ex, you should address these concerns with your attorney or switch attorneys. However, from the above fact pattern there does not seem to be anything done that is not permissible...

1 attorney answer

Is it common? From my perspective, "no". The reason being that its ambiguous and in the emotional storm of a divorce, it can even be taken as a harassment. Although I don't see any harassment here. If you have a lawyer then the other party's lawyer is barred from direct contact with...

Michael John Harrington

Is it common? From my perspective, "no". The reason being that its ambiguous and in the emotional storm of a divorce, it can even be taken as a harassment. Although I don't see any harassment here. If you have a lawyer then the other party's lawyer is barred from direct contact with...

What podcast is Mom and Dad fighting on?

On Slate’s parenting podcast “Mom and Dad Are Fighting,” the hosts debated a tough question: After…

What does the quote "You have to be able to accept the idea that the other person had a different experience?

It’s easy for even the most open-minded of adults to cling to the idea that their version of events is the only version. Green says, “You have to be able to accept the idea that that the other person had a different experience than yours, which doesn’t negate your reality, and allow both to co-exist.”

Is infidelity hard to work through?

Infidelity can also be tough, though not impossible, to work through : In one case of Green’s, the husband had been unfaithful and in a rather public way—he was active on social media, on Tinder, and he had an alternative Facebook profile, “so he had not only cheated on her, but there was a public aspect to it, so she felt very angry, and she also felt humiliated.”

Does mediation work for a bad guy?

If you or your partner are really committed to their narrative—that one person is absolutely the bad guy, for example—mediation might not work. Green says, “There are some people who are quite intensely invested in feeling like the victim: ‘I’m right and the other person is wrong, and there is no universe in which the other person’s actions are acceptable.’”

Is divorce easy?

Divorce is never easy, but it's one of those life events that deserves a serious postmortem…. Read more. But not every couple is a good candidate for mediation—and it can be hard to know in advance who’s going to find the process helpful and who’s going to find it useless—or worse, enraging.

Is it appropriate to use mediation if there is abuse in the marriage?

If there was abuse in the marriage, you are not an appropriate case for mediation. Green cites social science on violence and notes that an abusive partner is de facto not going to be able to see the perspective of the other party: “When someone is violent towards someone else, they are crossing the line of empathy.”.

Is mediation speedy in divorce?

Mediation isn’t speedy. “Time is an important element in divorce,” says Green. The couple above, with the Tinder husband, came in for a few months and put together a co-parenting agreement, and then they stopped coming regularly.

What happens when an attorney and client are unable to get along?

Personality conflicts. When attorneys and clients are unable to get along amicably, the likeliness of a successful case outcome diminishes dramatically, and it is often in the best interests of both parties for the attorney to withdraw from the case.

When is an Attorney Ethically Required to Withdraw From a Case?

A lawyer may be legally required to withdraw from a case if the following applies:

What is failure to pay attorney fees?

Failure to pay attorneys’ fees. Regardless of whether a client signed a contract with their attorney prior to representation, the client has the obligation to pay their attorney for any services performed.

What is client failure?

Client’s failure to fulfill obligations. A successful attorney-client relationship involves a good deal of communication on behalf of both parties. If the client is failing to provide their attorney with requested information or documents, the attorney may seek to withdraw from the case. Client consent. If the attorney receives permission ...

What is it called when an attorney is physically incapable of representing their client?

The attorney or their firm is representing an adversary party in the case. This is also known as a conflict of interest.

Who was Arpaio's lawyer?

The events came to a head when Arpaio’s lawyer asked to withdraw from the case. The attorney representing Arpaio in his contempt trial, Tim Casey, submitted a motion to Judge Murray Snow asking for approval to withdraw from the case. Casey stated that he was “ethically required” to do so.

Do attorneys have the same privileges?

Attorneys, however, are not offered the same privilege. If an attorney wants to withdraw from a case, they must have a valid reason to do so. There are some circumstances in which an attorney is ethically required to withdraw from a case and other situations when an attorney may apply to do so with a valid reason.