Family Law Attorney in Dallas, Texas
How have you used the social media postings of an opposing party to your client’s advantage?
How have you used the social media postings of an opposing party to your client’s advantage?
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oh sure we had a I can think of a
custody situation where there were there
were allegations of I represented the
wife in this one and there were there
were allegations that you know husband
was running around when he was traveling
and there were also allegations of
alcohol abuse well you know this guy
would would post stuff and most of the
time you know there’d be postings
related to business events well all of a
sudden you start seeing in some of these
business events you’re seeing you know
people have drinks in their hands a lot
of the time and you start noticing that
there are more drinks they’re kind of
closer to where he’s sitting at a table
and maybe you see that there are certain
women that are showing up in certain
photographs a little more than they used
to and it’s a co-worker that he’s
working with and you know they’ve gone
from being on the opposite side of this
photo to standing next to him and they
went from you know there wasn’t
shoulders weren’t touching to all of a
sudden they were kind of turned towards
each other there are all kinds of things
like that that happened you know all the
time and you know they’re very very
effective in painting a picture because
what you need to understand and any good
trial lawyer will tell you this when
you’re when you’re trying a lawsuit
whether it’s to a judge or to a jury
you’re telling a story you know and what
goes great with telling a story we’ve
all seen this from the time we were
little bitty kids pictures you know I
love pictures when I’m reading okay
well the same thing when I’m telling a
story so if I’m telling a story about
Joe Blow who’s a philandering jackass
and I’ve got some evidence that I can
show up there that show you know him and
his cohort in Vegas you know at the
Siegfried and Roy before Roy got ate by
Tiger you know that’s going to go a long
way with the jury you know it is much
better if you don’t post that kind of
thing but if you do I guarantee I’m
gonna have a good time with it
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Dallas high-net-worth divorce attorney, Mark Scroggins, talks about an instance in where social media played a part to his client’s advantage in a divorce case. He recalls a custody case where he represented the wife and there were allegations against the husband involving infidelity during his travels and alcohol abuse. The husband often posted photos from business events, and over time, patterns began to emerge in those images. Drinks appeared more frequently in his hands, and certain female colleagues started appearing closer to him in photos—shoulders touching, bodies angled toward each other—where previously there had been distance.
He points out that these small visual details can be incredibly persuasive in court. In family law litigation, a good trial lawyer is essentially telling a story, and pictures are a powerful way to support that narrative. Visual evidence, like photos showing questionable behavior, can help illustrate a client’s claims in a compelling way for a judge or jury.
He notes, with a touch of humor, that while it’s far better if such material isn’t publicly posted at all, when it is, it can become a highly effective tool in presenting the case.
