Communicating With 3rd Parties About Your Case

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Family law cases can be stressful, and it is extremely common to vent about such frustrations to family members, friends, significant others, co-workers, etcetera. However, we would recommend that you exercise caution, and remember the following before doing so:

  1. Your communications are not protected under the attorney-client privilege. Only communications between you and your lawyer are privileged. This means the opposing party could call the person you communicated with as an adverse witness against you. They could be compelled to tell the truth under oath about everything you discussed with them, good or bad! Yikes!
  2. Some advice you receive may be toxic and/or contrary to your goals. “You should hire a really aggressive lawyer.” That sounds like a great strategy friend! Are you going to pay my lawyer’s bill at the end of the month for this hyper aggressive strategy? My lawyer thinks we can resolve this out of court through mediation…just saying.
  3. Communicating about your case may draw unwanted criticism. Everyone thinks they have the answer don’t they? Whether they saw it on television, online, or went through a case themselves it is human nature to want to jump in and “help.” However, this “help” may make you feel worse about your situation, or think you may have done something wrong. Trust in the decisions you make about your case, and the advice you have received from your lawyer.
  4. Social media is not your friend. Posting about your case online is one of the worst things you can do. What you put in writing can be used against you as evidence, period. Once you write or post online you are not able to remove it, deactivate your account, or anything similar because doing so can be deemed destruction of evidence which can result in sanctions, and/or criminal charges against you.
  5. People gossip. Enough said.

By: Randy W. Powers, Jr.