Ride the Lightning

Family Lawyers and Technical Competence

September 11, 2018

As many of you know, I do a monthly Legal Talk Network podcast called The Digital Edge with my longtime friend/colleague Jim Calloway. Jim writes some great articles for the Oklahoma Bar Association where he is the Management Assistance Practice Director.

Recently, Jim wrote a really good article on "Technology Competence for the Family Law Attorney." He veered into the turf that I often cover with family lawyers so I wanted to make sure I directed family law attorneys to this resource.

Jim references a New York Times article here: "The article noted people saying they felt like they were going crazy because inexplicable things were happening:

One woman had turned on her air-conditioner, but said it then switched off without her touching it. Another said the code numbers of the digital lock at her front door changed every day and she could not figure out why. Still another told an abuse help line that she kept hearing the doorbell ring, but no one was there.

Others reported accounts of the thermostat suddenly turning up to 100 degrees or smart speakers suddenly blasting music. Today many homes also have security cameras, webcams connected to computers or a PlayStation with a camera. Any digital camera connected to the internet can be a tool for privacy invasion if controlled by someone outside of the home.

Often the home technology has been set up by one partner in a relationship with the other partner having limited understanding of its functions beyond the basic details."

Now that is true. As you might imagine, my technologist husband John sets up and manages all the technology in our home. If he were to use his knowledge against me, it could indeed be problematic. Stay in love with me dear – it keeps things so much simpler.

Jim does a great job of outlining the advice you should give your clients about social media and email passwords. He also includes a very good list of things you should discuss with your client – and yes, it is terrific advice to give them a handout/checklist that they can review in private after their meeting with you.

The number one thing we see all the time that folks are clueless about is the "other side" in a divorce being able to access a shared iCloud account, which gives access to emails, messages and other data without the other spouse knowing. If someone has your Apple ID and password, they can use Find My iPhone to determine your physical location within a few feet at any time if you have your phone with you. So Find My iPhone is frequently used as a tracking/stalking mechanism.

There is much, much more in Jim's article, which should pretty much be required reading for family law attorneys because, as Jim says, "You don't want to be the lawyer who sees your client being interviewed on the evening news broadcast or in the local media on how the client's connected home somehow became a modern-day haunted house."

Ain't that the truth? Well done Cowboy. 🙂

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