Seth Godin stated it well when he wrote, “The ease with which someone can invent and spread lies [with advancing technology] is going to take most of us by surprise. It’s going to require an entirely new posture for understanding the world around us.”
This is especially true in family law.
We will soon reach the point (some are there already) in family law where a spouse or parent can create fake email, text, and audio and visual “records” of spousal and child abuse, substance abuse, infidelity, assets and debt, property damage, diminution and dissipation of assets, scientific data, etc. that is all but indistinguishable from the genuine article. The level and volume of fakery will be impossible for all but the wealthiest of litigants to discern (and even then, if a duped judge is too proud or to biased to acknowledge and remedy the fraud, all the proof in the world won’t protect the innocent). When truth is practicably impossible to verify in the legal process, truth becomes meaningless to the process.
I don’t know how best to address this problem (it may already be too late). Unless the profession takes immediate and wise action, the liars will make such a mockery of the legal process so fast and so pervasively that trust in the system will be irreparably destroyed (and with good reason). We may reach a point where society at large gives up on the notion of justice being a function of truth (reality).
One concern I have is members of the profession (both opposing counsel and judges) acting “offended” for outraged or “concerned” if somebody claims that deepfakes and other similar tactics are being engaged. I’m concerned that someone who may in the utmost sincerity raise legitimate concerns about the authenticity and veracity of certain evidence being ridiculed as paranoid, a vexatious litigator, unprofessional, etc. Not out of a genuine belief, but in the hopes that shaming or even persecuting the whistleblower will result in the claims being retracted so that the hard work of getting to the truth can be avoided and or so that the desired outcome is not impeded by the facts. When that happens, then who will judge the judges, and by what standard?
For lawyers, paralegals and judges, what’s a movie or TV show that really gets it right in portraying what you see on the job?
No TV or movie that people actually like to watch can fully portray the authentic practice of law because the authentic practice of law is (despite the occasional “truth is stranger than fiction” events we experience) nowhere near as exciting or glorious as it is portrayed on TV and in the movies.
The TV show that most realistically portrays the practice of law is, in my opinion, Law & Order (the original, not any of the spin-offs), and when I say “most realistic” I mean that it’s 20% accurate compared to the 10% accuracy of other shows.
So kids, if the portrayal of lawyers and judges on TV has inspired you to become a lawyer, you’re in for a rude awakening.
Utah Family Law, LC | divorceutah.com | 801-466-9277
How to Avoid the Primrose Path in Divorce (if you have the will and the guts)
It’s getting harder to stay in contact with reality.
You have men who, as they look in the mirror, claim they are women.
Banks telling you debt buys happiness.
Weight Watchers telling you that you can eat what you want and still lose weight.
Politicians telling you . . . well, you get the idea.
Virtually everyone who wants your attention or support or money is trying to get it by manipulating your perceptions.
This is no accident.
Get them to believe it! It’s essentially downhill from there.
Divorce lawyers are, for the most part, already quite skilled at manipulation, so many of them (I’d even say most of them) have no qualms manipulating your perceptions to get you as a client.
Persuading the masses by manipulation and deceit is easier than selling honestly.
And while it is wrong to deceive people, if you are deceived it is primarily your fault.
Most of your perceptions cannot be manipulated, unless you allow it. How?
Badges and “awards” that lawyers literally buy from vendors who are in the business of selling attorney’s fake awards and certifications
Glowing reviews that are fake
“Personal stories” of trial and triumph that are heavy on fiction and “my passion,” but light on fact and truth
Promises that are technically not promises, so you can’t hold anyone to them
It’s easier for lawyers to sell the illusion than it is for them to be the genuine article. All it takes is people who would rather believe what they see and hear than research and analyze.
Some of the easiest ways to manipulate you are: play upon your fears, your anger/vengeance, your greed, your laziness, your vanity, and your ignorance. This is how many ambitious divorce attorneys now get clients. Sell what sells!
Ignorance: “Free consultation! Call me!”
Fear: “Don’t lose your [children, house, retirement funds, etc.] in divorce! Call me!”
Vengeance: “Make that S.O.B. pay for abusing you. Call me!”
Greed: “Get all the money/Save all the money you wantdeserve. Call me!”
Laziness: “Affordable. Call me!”
Vanity: “We care. Call me!”
Suckers, being suckers, suck this stuff up. It feels so good, compared to reality. But just scratch the surface—if you dare—and it will reveal this stuff for the scam that it is.
The reality is that honesty doesn’t sell quickly, so in an age of information overload and short attention spans, some lawyers feel they can afford to be honest about what they sell.
But here’s the reality of hiring a divorce lawyer:
Being told you need courage and patience doesn’t sell, but courage and patience are essential when you’re involved in a divorce case.
Staying cool is hard, but the consequences of acting on anger and/or fear are harder.
The lesson of greed is: pigs get fed, hogs get slaughtered.
Be prepared to have your ego bruised almost to death in a divorce case. Your view of what’s fair will likely be very different from your judge’s view. If it sounds too good to be true, it usually is.
There’s no such thing as a free lunch. Garbage in, garbage out. You get what you pay for, period.
Utah Family Law, LC | divorceutah.com | 801-466-9277