We all have those clients who spend their time looking for that uncomfortable email, text message, or recording that they are convinced will help bolster their own case by causing problems for the other side. In family law cases, it is often a message sent electronically or conversation recorded that provides some evidence of bad activity such as infidelity, hidden assets, use of drugs, gambling, or pornography.
The recent Dallas Court of Appeals decision in Miller v. Talley Dunn Gallery on March 3 should serve to remind us that our technologically savvy clients who unilaterally employ such investigative tactics could be harming, rather than helping, their cases. Their actions could subject them to civil liability and criminal punishment, and even affect the admissibility of the very smoking guns they are looking to find when they access their spouse’s cellphone.
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