Ever-Relevant…The World Wide Web

By: Michael Louvier

Does anyone even remember when we referred to the internet as the “World Wide Web”? That is where the “www” in the site addresses that we all visit daily originated. Back then we tried to be cool and called it “The Web”… That was back in 1990 something prior to Al Gore inventing the internet (rumored, yet to be proven).

Today the internet is as commonplace as travel by automobile. Google and Google Maps have completely replaced the phone book as the easiest and most used methods of finding a business. The computer that we all carry around in our pockets (commonly referred to as a smartphone) will deliver you the phone number, web address, ratings, directions to and almost any other information that you could possibly desire about a business. The Yellow Pages have gone the way of the buggy whip. If you don’t immediately what a buggy whip is (or was), that’s my point.

Immediate and almost unlimited access to information is what the internet delivers. Prior to the “immediate information age”, lawyers actually had to research the law in books. By using the correct search tools and key words, recent and relevant case law is literally at the lawyer’s fingertips after proper training. Today lawyers and law firms save untold amounts of money on books and paper, and they save even more time and money (client’s money, thankfully) by utilizing the internet for legal research and the online filing of pleadings, motions and other case related Court documents. A lawyer may now “e-file” a pleading in a case from his home or office laptop computer. Furthermore, he can accomplish this task at any time of the day or night, regardless of whether or not the Clerk of Court is open. Alas, the internet has made the modern law office much more streamlined and efficient.

Please do not interpret the phrase “streamlined and efficient” to mean that your divorce and/or custody case will now be “easier” or even “less complicated”. Quite the contrary, the internet has made the profession of law more complicated and more competitive than ever. The fact is, everyone has access to this information. Everyone has become more streamlined and efficient. Lawyers, litigants, Judges, and even the children caught up in a custody battle have more information at the ready than ever before. The onus is; therefore, on the lawyer to be well prepared to use this wealth of information or, if the facts gathered by the other side via the internet (Social media) are harmful, he/she must be somehow savvy enough to not allow it to burn his or her client.

As Matthew Poole has previously stated in his article “Facebook: The Great Divorce Equalizer” (posted April 14, 2019): “…a decent lawyer is only a subpoena away from obtaining every social media post and response thereto since the day you walked down that sacred aisle.” More to that point, a Subpoena Duces Tecum served on the wireless provider will provide data regarding texts and calls – that is: who texted or called whom, and when, and how long was the conversation, etc.

This information can, of course, be very damaging to the divorce litigant with that “special someone” waiting in the wings as they text love notes to each other at 2:00am. This data could certainly be used to show that a parent has no idea that the teenager at issue in the custody battle is also texting and calling and snapchatting at all hours of the night and day – during school hours and instead of studying. This could be used to demonstrate a lack of willingness to actually “parent” the child or, even worse, the lack of ability. The Albright Factors, by default, as discussed on this blog site many times, just got introduced to the digital age and the 21st century.

As the love interest in the movie “The Social Network” (2010) told Mark Zuckerberg, founder of Facebook: “it’s the internet…its written in ink”. So be aware of your digital footprint, as it is very easy to use against you in Court, or in your favor if your lawyer is inclined to do the dirty work against your ex for your benefit.

Michael Louvier was born in 1965 in Metairie, LA, graduated from Brother Martin High School in New Orleans in 1983, received a B.A. from University of New Orleans (1988) and a J.D. from Mississippi College School of Law (1994) and is a regular contributor to the blog tab on the world wide website of attorney Matthew S. Poole – www.mspoole.com. If you are reading this, then you obviously have access to the internet and are on the site. Odds are, you are no longer depending on a “dial-up” modem to support this visit. Please include this site into your favorites list and click onto this site often. And may the force be with you. (Sorry, I could not resist a 1970’s reference).

Michael Louvier is married 28 years (Tammy) and they have 2 children (Amy, 25 and Nick, 20).

TAGS: Family Law, Subpoena, Custody, Divorce, Social media, Albright factors

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