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Electronic Spying and Tracking Spouses in Divorce Cases

June 30, 2021 @ 8:00 am - 5:00 pm PDT

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

Description:  Navigating Admissibility and Privacy: Evidence Derived From Social Media, Smartphones, Spyware, GPS Trackers.

This CLE course will teach family law attorneys to identify and manage legal issues that arise when spouses obtain evidence using electronic or telephonic interception, smartphones, spyware, GPS tracking devices, webcams, wiretaps, or other methods.

It is an increasingly familiar dilemma for divorce practitioners: Clients come in with potentially significant 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: 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?

Lecturer: Christina E. Djordjevich

Area of Legal Expertise: Evidence