Electronic Spying and Tracking Spouses in Divorce Cases: What's Legal in the Digital World?

Navigating Admissibility and Privacy Issues With Social Media, Smartphones, Spyware, GPS Trackers, and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, March 14, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare family law attorneys to identify and manage legal issues that arise when a spouse obtains evidence through the use of electronic or telephonic interception, smartphones, spyware, GPS tracking devices, webcams, wiretaps, or other methods.

Description

It is an increasingly common dilemma for divorce practitioners: Clients come in with potentially great evidence, a virtual smoking gun. However, if obtained through telephone interception, spyware, GPS trackers, smartphones, webcams and unauthorized use of social media accounts, how can counsel handle the inherent legal hurdles?

Counsel must consider several essential issues: Number one--can you use the evidence? Has your client violated federal or state law? Will they need to take the Fifth Amendment if deposed?

When your client presents you with potentially illegally obtained evidence, what are the legal ethics implications for you as an attorney?

Listen as our panel of experts analyzes the current (and ever-evolving) state of legal affairs when husbands and wives spy on one another in a contentious situation.

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Outline

  1. Overview of federal and state statutes
    1. Wiretapping
    2. Privacy
    3. Computer crimes
    4. Webcam law
    5. GPS laws
  2. Types of interception and compromise
    1. Social media accounts
    2. Smartphones
    3. Computers
    4. Spyware
    5. GPS tracking
    6. Webcams
  3. Civil and criminal implications

Benefits

The panel will review these and other key issues:

  • How do the federal statutes governing interception of electronic and telephonic communications impact evidence of spousal misconduct that is obtained by a client in a divorce case?
  • What factors can guide counsel in determining whether the evidence can or should be used?
  • What are the implications for clients and counsel concerning improper self-help surveillance evidence?
  • How should practitioners approach "smoking gun" evidence that may have been illegally obtained?

Faculty

Djordjevich, Christina
Christina E. Djordjevich
Partner
Walzer Melcher

Ms. Djordjevich is a skilled litigator with substantial experience in both family law and commercial litigation. Prior...  |  Read More

Gornbein, Henry
Henry S. Gornbein
Partner
Lippitt O’Keefe Gornbein

Mr. Gornbein practices in all areas of family law. He is a monthly contributor to the Michigan Family Law Journal, has...  |  Read More

Wilkinson, David
David K. Wilkinson, CFLS, AAML
Co-founder
Wilkinson & Finkbeiner

Mr. Wilkinson practices family law for the firm, handling all facets of the practice area, from straightforward...  |  Read More

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