Several years ago a divorce attorney got into some serious trouble for using to technology to illegally monitor the opposing party during divorce proceedings. The attorney found herself in quite the legal battle and was a defendant in two federal privacy actions filed by the wife in the divorce case, claiming that the attorney was using surveillance to track her life. In today's blog our Pittsburgh Divorce Lawyers bring you some details about this story.
In this case, the attorney, who represented the husband, was accussed of illegally following the soon to be ex-wife and her friend during the divorce proceedings. As a result, the wife and her friend filed a case against the attorney and her ex-husband seeking thousands of dollars in damages for federal wiretapping and invasion of privacy actions. The "secret surveillance" included a hidden video camera and microphone, along with computer tracking software.
After her husband's attorney claimed to have embarrassing and unflattering evidence against her, the Plaintiff then discovered these secret tracking devices in her home. It is alleged that the husband's divorce attorney was using this evidence to obtain a favorable settlement for her client.
This article further discusses the intersection between state and federal law on wiretapping. Wiretapping laws permit audio recordings, so long as one of the parties is aware of the recording. However, the wife in this case is arguing that her husband's recordings are not permitted under the wiretapping laws because he was not always present in the couple's home when the recordings were happening.
Ken Altshuler, president of the American Academy of Matrimonial Lawyers, claims that this wiretapping activity in divorce cases is becoming much more common because of technological advances. But, just because you have the ability to do something doesn't mean you should do it, as this attorney soon learned.
We know that you want to "win" your Pennsylvania family law case, but you should never break the law or compromise the rules of ethics in order to do so. Our team of Pittsburgh divorce lawyers will fight to ensure that your rights are protected, but our strategy in trial and negotiation is always legal and ethical. For a consultation with one of our PA divorce lawyers, contact us today!