Monday, December 3, 2012

Think Before Hitting 'Send'



Because I practice family law, I have read my share of text messages, tweets, and facebook messages between litigants (read: "soon to be ex-spouses").  Usually, these messages are little more than jabs at one another, and my client feels the need to show me in hopes that I will find the last coffin nail among the trash talking.  Occasionally, it actually works.

The problem with these modes of communication is that they are all so impersonal that many feel they can literally say whatever they want, and I mean whatever.  I am amazed at what some people think is appropriate via text especially, whether way too graphic or way to rude.  Even more amazing, however, is the shock these individuals experience when their late night tweet gets read during a hearing.  Calling the mother of your children unfit because you don't think she wears any underwear is hardly appropriate in any written form, and you will look silly if the judge hears it.

I am not here to advocate for or against strong language to one another, mainly because it's none of my business.  Curse someone out at the bar; I don't care.  Just say it to their face.  But please, before you send that text ask yourself how stupid it would sound in a courtroom.  Facebook is available to your opponent, and if you show your rear enough you are bound to hurt your case.  Best scenario, you look foolish in front of a judge.  Worst case, you say something that actually jeopardizes the outcome.  Just think before hitting send.  Once that message is out there, you can't take it back.

JD


John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.