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The Law Office of Lisa A. Vance, P.C.

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Divorce and Family Law Matters

We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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Can a recording of me be used in court?

| Jan 29, 2021 | Divorce, Texas Law |

With technology being what it is, and smartphones being what they are, a lot of people worry about the possibility of being either audio or video recorded, and then having that find their way into court. There are some legal answers to this in Texas, but then there are also some elements that might be dependent on which judge hears your case. 

Texas is what’s called a “one-party consent” state when it comes to recording. That means, if there’s a phone call between you and another person, that call can be recorded as long as one party involved in the conversation consents to it being recorded. That means that another person can call you and record the call without your consent, as long as the other person deems it okay to record. Conversely, you can give yourself the okay to record a call with someone, and since you’re one party consenting to the recording, that’s all that’s legally required. 

The law, to be fair, is geared more against wiretapping — when a third party is listening in on both sides of a call without either person’s knowledge. 

As the Texas Digital Media Law website spells out, “The law does not cover oral communications when the speakers do not have an ‘expectation that such communication is not subject to interception under circumstances justifying such expectation.’” That means, if it’s a conversation that’s in a public place, it’s possible to record it. But if it’s a couple fighting in their house and a relative records the conversation without the knowledge of either party, that’s not okay. 

What this means in a family law case is that you want to be careful in your interactions with everyone involved, acting as if any phone conversations are being recorded. In a number of cases, it might actually be more prudent for the people involved in a divorce or a custody case to keep communications short, written, and to the point. As you’re preparing to send an email or text, it doesn’t hurt to ask yourself, “Do I really want to send this?” 

In a divorce case, though, it could actually be a disadvantageous move to use evidence captured through a one-party consent recording, even if it is legal. As we discussed a few weeks ago in our article on protecting yourself online, it can reflect poorly on the person who is presenting the evidence, even if it is legally obtained. 

It’s best to bring the evidence to your lawyer along with a full, honest disclosure of how you got the evidence. Your lawyer is far more likely to know how the evidence will fare in a certain judge’s courtroom, no matter how strongly you feel about what might be captured in a recording. 

And, if you suspect that a recording of you has been made that might be problematic, it’s best to let your lawyer know in order to be prepared. 

At the Law Office of Lisa A. Vance, we’ve got the level of experience that allows us the perspective needed in these cases, from the understanding of what technologies might be brought into the courtroom to the qualities of certain judges and opposing counsel who might be involved in your case. Schedule a consultation, and we can determine the best way to go about resolving your family law situation.

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