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Tag: surprise

Artificial Fraudulence

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?

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Law from a legal assistant’s point of view, week 14: Preparedness and Honesty

By Quinton Lister, Legal Assistant

My new job as a legal assistant to a divorce attorney has opened my eyes to the necessity of preparation. There are emergencies and surprises that come up constantly in the practice of divorce and family law. For instance, sudden motions filed by opposing counsel, accusations from a client’s ex-spouse of abuse, or the sudden death or retirement of a judge. In order to counteract the effect of being caught off guard, it is essential to prepare for the things you have some control over, and to be prepared for emergencies and setbacks. 

“What are those things I have control over in my divorce case?” you might ask. Well, I am not an attorney yet, so I cannot answer that question fully. But one thing I have noticed since I have been working for a divorce and family law attorney is that you need to be completely honest, fully forthcoming, and transparent with your lawyer. The more honest you are with your lawyer, the better prepared the lawyer can be for any curve balls that might come your way. The less honest you are, the harder it is for the attorney to do his or her job well. Hiding the truth is wrong, but if that’s not reason enough to convince you to tell your attorney the truth and the whole truth, hiding or trying to hide the truth usually fails and often backfires. Your credibility is crucial to your divorce and family law case. Damage or lose credibility and you almost surely damage or lose your case. Being completely honest and forthcoming with your attorney best enables your attorney to consider and argue your best defense. That does not mean that you should work with your counsel to escape the consequences of wrongdoing, but one thing is certain: the odds of a better outcome in your case are commensurate with how honest you are with your attorney.  

Utah Family Law, LC | divorceutah.com | 801-466-9277 

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How does it feel to file for divorce when your spouse doesn’t know it’s coming?

Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other spouse would have any cause to file for divorce, learning that your spouse has filed for divorce is like a hard kick to the gut with a steel-toed boot.

It’s shocking, staggering, heartwrenching, terrifying, infuriating, and depressing.

Unless notifying your spouse in advance that you intend to seek a divorce puts you at risk of your spouse or others physically hurting you or taking advantage of you unfairly, one of the most indecent things you could do is have your spouse served with a divorce complaint without telling him or her in advance what’s coming.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-does-it-feel-like-to-file-for-divorce-when-your-spouse-doesnt-know-whats-coming/answer/Eric-Johnson-311

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What does it feel like to file for divorce when your spouse doesn’t know what’s coming?

Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other spouse would have any cause to file for divorce, learning that your spouse has filed for divorce is like a hard kick to the gut with a steel-toed boot.

It’s shocking, staggering, heartwrenching, terrifying, infuriating, and depressing.

Unless notifying your spouse in advance that you intend to seek a divorce puts you at risk of your spouse or others physically hurting you or taking advantage of you unfairly, one of the most indecent things you could do is have your spouse served with a divorce complaint without telling him or her in advance what’s coming.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-does-it-feel-like-to-file-for-divorce-when-your-spouse-doesnt-know-whats-coming/answer/Eric-Johnson-311

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