Showing posts with label Force. Show all posts
Showing posts with label Force. Show all posts

Technology Advancements Force Lawyers and Pro Se Individuals to Look for Hidden Surveillance Tools

Being a good lawyer when handling a divorce matter isn't about knowing the basics anymore. It's not just about knowing the correct forms, knowing the court's rules, and keeping client confidences.

Being a good lawyer is about being conscious of the extent of tremendous advancement of global technology. It's about remaining aware of the effect this technological advancement has on all legal cases and especially on divorce cases.

Today, this technological growth has spawned the creation and use of covert surveillance devices and software that in turn create issues both for the lawyer and for the client.

If you are considering representing yourself in the family court system in any jurisdiction you need to know about this technology if there is even the slightest distrust between the parties in a divorce or family court matter.

Today's technology brings with it many conveniences. At the same time it also brings with it just as many dangers to your privacy.

Imagine that you are a lawyer representing a client or even a spouse who wants to represent himself or herself in a divorce case. Now let's add one small factor. Let's assume there is a small level of distrust between the husband and wife in the divorce case. That's it.

Here is one question. Do you know about Patrolman GPS, FamilyMap, or MobiStealth?

If you don't then you may want to learn about them and the hundreds of other devices and software programs that exist by virtue of the advancement of technology.

If you are a lawyer representing a divorce client and the opposing party seems to be one step ahead of you every time, or if you represent yourself and the same thing is happening then you need to at least jump onto the internet and find out about these and many other devices and services rather quickly!

Let me introduce you quickly to just this small sample just in case you don't know about them.

PATROLMAN GPS

Patrolman GPS is a small black device which does not look fancy and is easy to overlook. This GPS (Global Positioning System) tracking device can be put in your pocket, on your car, in your briefcase, in your glove compartment, purse, bowling ball bag, or even placed in a magnetic case and hidden somewhere on your vehicle where it goes unnoticed. This device takes seconds to hide or attach to the chosen location. It can track your every physical movement by a transmitter that provides satellite information on your location to the subscriber of the devices' satellite tracking service.

FAMILYMAP

FamilyMap is an add-on to your AT&T Cell phone service. Unless you know what this service is, what it does, AND you also take care of paying the cel phone bill then you wouldn't even know that you are being tracked by GPS built into your cel phone. If you take your cellular phone with you everywhere and have the AT&T service then your spouse could add the service, pay the bill and you'd never know you are being tracked with that information recorded 24 hours a day, 7 days a week.

MOBISTEALTH

Now lawyers who represent divorce clients this is one that should make you sit up and have your eyes bugging out of your socks.

MobiStealth is a tracking program that can be installed and remain completely hidden on many cellular phones and is linked both to the phone itself and a GPS Satellite tracking system. It is reputed that this hidden cellular phone program can be installed in a minute or two. Here are the things it has been said it can do.

1. Store copies of emails, call logs and SMS that were sent and received from your phone.

2. Automatically retrieve the GPS coordinates of places that you recently visited and even provide real-time GPS tracking of your location at any given minute.

3. Secretly record your phone calls. Or be programmed to record only the calls for specific numbers and even perform reverse phone number look-ups to see who the call are made to or received from.

4. Retrieve your pictures and videos.

5. Record of the phone's surroundings. It can literally turn on the phone's microphone in order to secretly record conversations that are within or just outside of earshot.

6. Keep a detailed record of bookmarks, chat sessions and calendar events and even be informed of new contacts that were added to the contacts or address book.

7. This program can supposedly also get you the internet browsing history of the person using the cellular phone that it is installed on.

These technology and surveillance devices and software should be considered for many factors. If you value your privacy then you may have a problem. If you use your phone to communicate with your attorney then you should be concerned about the breach of the attorney/client privilege.

To obtain adequate legal protections, you and/or your lawyer may need to file motions to prevent further invasion and/or validate the criminal nature of the surveillance depending upon the jurisdiction you live in and the holdings of that jurisdiction.

Technology concerns in all cases are no longer optional for lawyers, especially those who practice divorce law because those cases are more likely to give cause for their use. Divorce is a whole new ball game folks. Knowledge of technology is no longer optional for lawyers or your average citizen.

FREE detailed information for You from the RI Divorce Attorney. I don't want you to become a victim.
Contact Attorney Christopher Pearsall at (401) 632-6976 NOW. Your low-cost coaching and legal advice session from Rhode Island's Most Affordable Divorce Lawyer and Full-Time Family Law Coach is just a phone call away.

This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.The Rhode Island Supreme Court licenses all attorneys in the general practice of law.


Original article

High Conflict Personalities - The Driving Force Behind Divorce Litigation

Do you know someone who typically blames others and denies personal responsibility for his/her problems? Do you know someone who is adamant about having his/her day in court and refuses to entertain any suggestions to negotiate or mediate the dispute?

Most of us know at least one person like this. Maybe they have been a client, a friend, a previous employer, a family member, or former spouse. There are numerous examples that illustrate that personalities, not legal issues, often propel conflict. Let us consider two families going through a divorce.

Tale of Two Divorcing Families:

Family #1:

Mr. Apple is considering a divorce and seeks the counsel of an attorney. Mr. Apple shares with his attorney that he would like to resolve the dispute out of court to minimize costs and maintain a healthy relationship with his soon-to-be former spouse and children. Mr. Apple's attorney recommends a collaborative divorce process utilizing the assistance of a mental health professional and a financial professional.

There is a family home, two young children, and retirement accounts. Mr. Apple is quite successful and has an annual salary of $150,000.00. Through the collaborative divorce process, the couple agrees that Mr. Apple will provide Mrs. Apple with some alimony because she has a demonstrated need for financial support, and Mr. Apple will provide the two young children with child support. In addition, Mrs. Apple will remain in the family home while Mr. Apple rents an apartment. After five or six collaborative meetings, the Apple's reach an agreement and obtain a divorce for a total of $10,000.00.

Family #2:

Mrs. Orange is furious with her husband and wants to make him pay for all of the wrongs she has suffered during her lifetime. She seeks an attorney to get the divorce process started. The Orange family also has a family home, two young children, and retirement accounts.

After three years of litigation, multiple temporary hearings regarding a wide variety of issues such as restraining orders, a parenting plan, and child support, Mrs. Orange finally gets a full-day trial with her second attorney. Yes, her second attorney! She fired the first because she was not aggressive enough. The court orders Mr. Orange to pay spousal support and child support and orders the family home to be sold. The legal fees for Mr. and Mrs. Orange total $100,000.00.

So What Can We Learn?

Both families had similar issues and concerns. Both families used attorneys. Both divorces were likely emotional, stressful experiences. Yet, one family spent one tenth of what the other family spent getting a divorce. Why? Mrs. Orange made the decision to pursue a highly adversarial approach to getting a divorce. Her high conflict personality propelled the conflict. Her emotions were exaggerated, and her behavior was frequently inappropriate. Minor issues were portrayed as major conflicts, and she persisted on issues with a lot of drama, long after Mr. Orange had let them go. Throughout the process, she always blamed someone else for her problems.

High conflict personalities (HCPs) are driving a significant portion of the litigation, and we would all be in better position to identify and manage these personality types with a deeper understanding of HCPs. Simply be aware that you might be dealing with someone who is a high conflict personality type, and you might need some special skills and techniques to protect yourself, the HCP, and others.

Arthur J Grossman is an Orlando Divorce Attorney with the Orlando Florida law firm of Grossman & Grossman P.A. located in Winter Garden. He holds a Master of Laws degree from the #1 ranked dispute resolution program in the United States, The Straus Institute at Pepperdine University School of Law. If you need an Orlando Divorce Lawyer who will work with you to resolve your case efficiently and respectfully, please call (407) 573-2301 or visit the Grossman & Grossman P.A. website. http://www.thegrossmanlawoffice.com/


Original article