How Phone Calls, Texts, Emails and Posts Will Get You in Trouble

By Jedidiah McKeehan

I seem to have a recurring conversation with clients who I have been hired to represent, particularly in family law matters. I tell them that whatever they say in person or on the phone, and whatever they text, email or post on Facebook, will most certainly be played or projected on the big screen in the courtroom.

I cannot tell you how many times I have heard someone say, “Well I have all the text messages where the other person said such and such.” And this does not apply to just family law cases. It can happen in business law or landlord-tenant cases as well.

Usually, by the time someone is talking to me, it is too late to tell individuals to be careful about their communication and the damage is done. However, if at all possible, I tell people to be insanely vague and nice in their conversations. Do not use profanity ever, regardless of what the other side is texting. Anything, anything that the other side can use against you, they will.

I tell individuals all of the time, “think about the worst possible thing the person on the other side of this case can say about you, and that is what they will say.” It cannot be more true. Do not make their case for them by losing your temper and venting on Facebook or firing off an angry 2:00 a.m. email

 

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including criminal, divorce, custody, personal injury, landlord-tenant, civil litigation and estate planning. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

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