Divorce attorneys across the nation are speaking up about an interesting—and potentially harmful—trend in the courtroom. According to the American Academy of Matrimonial Lawyers (AAML), text messages are the new evidence.
In a poll, the group of professionals expressed that text messages are an increasingly common form of evidence, more so than emails and call histories. They speculate that since text messages are easy to write and send in a burst of emotion, texting the wrong thing could hurt the sender in court.
“With emails you can think about and rewrite them. There is a window of opportunity to rethink what you are saying but text messaging is immediate,” said president of AAML Ken Altshuler. “We get a lot of text messages that people send out without thinking.”
“I have used text messaging for cross examination,” he continued. “I would say in the last six months there have been a lot of text messages involved in litigation. For whatever reason, people are texting more and not thinking about what they are texting.”
The moral of the story is simple: if it’s in writing, assume it will be read, says Altshuler.