Protecting Your Digital Privacy During Divorce and Family Law

At Freed Marcroft, we understand that family law isn’t just about the big decisions—it’s also about protecting your privacy.  We want to make sure the confidential stays that way.  That’s why protecting your digital communications during divorce and family law is so critical.  It helps make sure sensitive personal and legal information stays confidential, preserving attorney-client privilege and preventing unwanted disclosures or complications.

Why Your Digital Privacy and Security Matters During Divorce and Family Law Matters

Protecting your digital privacy during your divorce or other family law matter helps keep legal advice and personal details confidential, maintaining attorney-client privilege and preventing unwanted complications or interference.

Thanks to the attorney-client privilege, your communications with your attorney are confidential and protected by law. In divorce and family law, this privilege allows you to speak openly and honestly with your lawyer without fear that your private information or legal strategies will be shared with others or used against you. Protecting this privilege is crucial for making informed decisions and maintaining your strategy during negotiations or litigation.

Read: Privacy During Divorce

Steps Everyone Should Take to Protect Digital Privacy During Divorce and Family Law Matters

• Secure Your Devices. Use strong passwords, fingerprint or face recognition, and make sure your phone and other devices are locked and secure.
• Private Email. Use a private, secure email account, separate from shared family accounts.
• Disable Notifications. Turn off message previews and notifications on lock screens to keep message content confidential.
• Stop Cloud Syncing. Disable syncing personal communications or documents to shared devices or cloud services (such as family-shared iCloud, Google Drive, or Dropbox).
• Check Linked Devices. Regularly review and disconnect unknown or unauthorized devices linked to your accounts.
• Two-Factor Authentication (2FA). Turn on two-factor authentication for critical accounts (email, banking, client portals), adding an extra verification step beyond your password for enhanced security.

Read: How Not to Screw Up the Attorney-Client Privilege During Divorce

Additional Steps for Contentious or High-Conflict Divorce and Family Law

1. Dedicated Phone. Think about obtaining a separate phone specifically for confidential communications with your legal team or other sensitive contacts.
2. IT Security Audit. Consult an IT professional to make sure your devices are free from spyware, tracking apps, or unauthorized access.
3. Location Privacy. Turn off location-sharing services and regularly review your phone for any unwanted tracking applications.

Why the Attorney-Client Privilege Is So Important During Divorce

Protecting attorney-client privilege during divorce is crucial because:

1. Confidentiality of Strategy:
   Attorney-client privilege allows you to have open, honest conversations with your lawyer without worrying that your spouse or the opposing party will gain access to your strategic plans, legal insights, or sensitive information.

2. Better Legal Advice:
   When you’re confident that your communications are confidential, you’re more likely to share complete and accurate information with your attorney. This transparency empowers your attorney to give you the most effective and informed advice.

3. Preventing Undermining of Your Case:
   If attorney-client privilege is compromised, sensitive information could be disclosed to your spouse or opposing counsel, potentially harming your legal position, negotiation leverage, or case outcome.

4. Reduced Stress and Anxiety:
   Maintaining confidentiality helps protect your emotional well-being by ensuring private conversations remain private, preventing unnecessary tension or conflict.

In short, protecting attorney-client privilege preserves the integrity of your legal strategy, strengthens your position, and gives you peace of mind during a sensitive and challenging process.

Read: Should I Tell My Divorce Lawyer Everything?

Why Digital Security is Critical to Your Privacy During Divorce

Digital security is critical to protecting attorney-client privilege during divorce because:

1. Prevents Unauthorized Access:
   Digital devices, such as phones and computers, store sensitive communications with your attorney. Proper security prevents these messages and documents from being accessible to your spouse or third parties, maintaining their privileged status.

2. Avoids Accidental Disclosure:
   Poor digital security, like notifications appearing on a locked screen or shared device, could inadvertently expose confidential information, unintentionally waiving attorney-client privilege.

3. Maintains Confidentiality Legally:
   Attorney-client privilege depends on actively maintaining confidentiality.

4. Strengthens Your Legal Position:
   Secure digital practices ensure your legal strategies, plans, and sensitive discussions stay between you and your attorney, preserving your strategy for negotiations or litigation.

Overall, rigorous digital security safeguards attorney-client privilege, protectisyour interests, and empowers you to confidently navigate your divorce.

Next Steps

Your confidentiality and privacy — digital and otherwise — are critical. If you have any questions or concerns about protecting your digital privacy, we’re here to support you every step of the way. If you ever fear for your personal safety, please contact the police immediately.