electronic discovery | Chicago Illinois Family Law Blog
Electronic Discovery Upsets Status Quo: Attorney Jeffrey Knipmeyer Discusses Evolution of the System
Our previous blog posts have discussed how electronic discovery is making it more difficult for spouses to keep secrets and how spouses may gather evidence of deception against their husband or wife; for today’s post, the experienced Chicago family law attorney at Nottage and Ward, Jeffrey Knipmeyer, discusses how electronic discovery is reshaping the nation’s family law system.
Electronic discovery is being used by spouses and lawyers alike in order to obtain evidence to be used in court. In fact, according to Yahoo! Finance, 92 percent of divorce attorneys have seen more cases using evidence collected using smartphones in the last three years. Additionally, 66 percent of these divorce attorneys claim Facebook as the top source for compromising information on the Internet. It is not only advancements in Internet-based technology that has created new methods for finding evidence, but there are now programs that attorneys and other professionals, like forensic accountants, can use to investigate large amounts of information for evidence of deception. These new methods beg the question, when is it illegal?
In our previous blog post, we discussed how electronic discovery has made marital mischief harder to hide. In summation, it is because technological advancements have made it easier to trace. But who can look for it and can the discovery of deception by one spouse actually be used against the other?
Electronic discovery is finding its way more and more often into marital disputes. Oftentimes, an angry spouse does his or her own snooping to validate suspicions that the spouse is hiding something. But these investigative tactics are not necessarily legal and though discovering deceptive actions may still be used as leverage, they may not result in a more favorable divorce settlement.
Technological advancements have made, and continue to make, many changes in our society on both personal and professional levels. One aspect of society that is being made more difficult by such advancements is secrecy. It is becoming harder and harder for people to keep secrets and none feel this more than dishonest spouses. It used to be much easier for spouses to hide assets and relationships back when your husband or wife could not track your phone and Internet activity; now, electronic discovery is changing the balance of the scales.
Understanding how electronic discovery is changing the family law system is an important factor in the success of a divorce in Illinois and across the nation. In this three-part blog series, the experienced Chicago divorce attorneys at Nottage and Ward will make some key points about how electronic discovery has changed the divorce process.
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