The following is an article from the most recent edition of New Jersey Family Lawyer. For more information on joining a section, email [email protected].
by Sandra Starr Uretsky and Cassie Murphy
Lawyers are consistently called upon to adapt to changes impacting their practice. These changes may result from modifications to substantive New Jersey law (such as the amendments to the alimony statute made in Sept. 2014); legal procedure and practice (as occurs every year with amendments to the Court Rules); and societal standards and norms (such as the drastic reduction in homemaking and the rise of women in the workforce). In the modern era, the constant evolution of technology likewise routinely impacts legal practice, and requires lawyers to be both flexible and facile with technology.
Below is a compilation of technology tips relative to the interplay between technology and family law that may be helpful to readers in their practice. The article is not intended to endorse any specific products, but is designed to provide examples of the technology available to practitioners.
Technology’s Impact on Parenting Time
There are many obstacles to overcome when parties divorce or separate, but one of the biggest is how to care for children of the relationship going forward. Divorce can be especially hard on children, but parents can reduce children’s potential pain and exposure to negative feelings if parents work together to co-parent. Miscommunication and disagreements are a reality of co-parenting, but having the right systems in place can create healthy communication so children are never responsible for facilitating the dialogue between co-parents.
There are several different products available for clients who have difficulty communicating with their child’s other parent. Our Family Wizard is one such product, available via mobile app or website, which is designed to help reduce the stress of managing communication and family plans across separate households. The application promotes several tools to assist in that regard, including, but not limited to: 1) one shared parenting time calendar where co-parents can make clear requests for modifications and share details about family activities, events, holidays, etc.; 2) the ability to send and receive secure messages to each other, professionals, and the children, which cannot be edited or lost; 3) the ability to manage and share family information, including medical details, insurance information, school schedules, emergency contacts, etc.; 4) the ability to upload files and photos; and 5) the ability to track and organize shared expenses for unreimbursed medical costs, child support and, extracurricular activities.
A similar but different product on the market is 2houses.
In some cases, a lack of trust and communication stems from substance abuse issues on the part of one parent. Soberlink is an alcohol-monitoring system that is designed to make parenting time safer with discreet and convenient alcohol testing. The remote cellular device uses facial recognition technology to confirm identity during each breath test. The results are then wirelessly transmitted in real time to Soberlink’s cloud-based recovery management software, accessible to the other parent and counsel. SCRAM Systems is a similar product available to parents, and can be either court ordered or voluntary.
Technology’s Impact on the Presentation of Evidence
Technological advancements in both the creation and management of data has materially modified legal practice, from a macro to a micro level. For example, an app called CamScanner (downloadable for free through the app store) permits a user to convert a cellphone into a personal scanner. Through his or her cellphone camera, the user can take a picture of any paper document, then enhance or crop the image through the CamScanner app and create a PDF file. The PDF file can then be emailed, sent via text message, or uploaded. No longer does a client need to return a signature page for a case information statement via fax or regular mail; instead, he or she can use the app to return the signature page to his or her attorney without leaving home.
Similarly, text messages are quickly becoming the most common form of communication between people, including clients. One need go no further than the Judge Lawrence Jones’s unreported decision, E.C. v. R.H., to confirm this fact. E.C. v. R.H. addressed the procedure for the introduction of text messages, emails, photographs, and social media messages as evidence at a trial. Judge Jones concluded that such items should be printed on paper and furnished to the adverse party and the court for ready use at trial. [2015 N.J. Super. Unpub. LEXIS 2389 (Ch. Div. 2015]
The app Tansee8 allows a user to do so. Through the app (a free version of which currently exists), the user can upload his or her SMS, MMS, and iMessages, as well as Facebook Messenger messages; save them in the app; organize them by date, sender, and receiver; and print them. This approach is preferable to the utilization of screen shots of text messages, as the screen shots do not provide a clear running dialogue and may not identify the sender/receiver/date/time in a clear and concise format.
Finally, Adobe Acrobat is a program that allows the user to review PDF documents. Different versions of Adobe have varying forms of bells and whistles. Some versions may be free, while others require a charge. By way of example, Adobe Acrobat X Pro allows the user to manipulate and modify PDFs, to include page numbers at the bottom of the document; to include headers and footers; and to conduct an internal search of documents for a key word or phrase. These tools may be helpful to assist a witness being asked to testify regarding a several-page document, to pre-mark trial exhibits by number, or to search voluminous documents quickly and easily.
In closing, advancements in technology can assist both practitioners and clients in the ever-changing field of family law. Attorneys who stay abreast of these advancements may have an advantage in the courtroom, and will be able to help their clients come up with creative and new ways to tackle the challenges that come with divorce and maintaining two households.
Sandra Starr Uretsky is an associate at Donahue, Hagan, Klein & Weisberg, LLC. Cassie Murphy is an associate at Paone, Zaleski & Murray.