When clients keep using the "SYNC" capabilities, knowingly (or un-knowingly) whether on their phone, tablets, computers, etc.-- it is just a matter of time that will prove that having everything SYNCED to each other's devices-- IS A SUPER, SUPER BAD, BAD, BAD, IDEA???? We have seen more than several cases in different counties, where an ex spouse somehow got the former spouse's data (text/photos/etc.) "synced" to a personal tablet or equivalent; and other cases where the "sexting" between phones was also "synced" to a personal device, and then printed out for the COURT???? Possibly by the attorney?
Unfortunately, this type of case can become very expensive, and difficult due to the forensics, data preservation, correct tracing, and then, if needed, the forensic testimony of an expert? It would depend on facts of the case, as some judges will not admit evidence unless every single iota of law has been qualified, and in data issues, this can be burdensome due to new discovery rules on data/transmission of data. Further, the time it would take will increase, thus expenses are increased to the client.
In these types of cases, one spouse or former parter either found out about the other partner's new interest, or was able to obtain the personal text between the new interest and former spouse. This is exactly what you do NOT want to happen? Whether or not the data was of personal or sexual or other personal data or photos--this is NOT what we want to see in court cases involving divorce? and purposely PUBLISHING this personal data might be grounds for both a civil or personal cause of action under the law? Depending on the severity, it is possible this would amount to sancionable conduct?
Current case law indicates that this is not something you want to get into trouble for??? We know, as we have seen more than several of these things keep happening!!! In fact, such facts were the basic ground for invasion of privacy in a domestic violence case? [The only reason we dropped the DV was because the client agreed to do it; otherwise, it was a perfectly valid DV case based upon strong facts.]
Legally, we don't like to see these actions happen, but they are becoming more and more apparent. Such illegal actions can not only ruin one's reputation, it can cause job loss, intimidation, harsh reaction that would never have arisen, creating intimidation and loss of privacy, lost work hours, and much more, including personal injury.
