The Wright Firm's Weblog

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Is My IPAD Confession Really Confidential?

Little iApps, an Indiana software developer, has introduced "Confession: A Roman Catholic App" for iPhone, iPad and iPod Touch devices. Downloadable for $1.99 from Apple's iTunes, the password-protected program offers a step-by-step examination of conscience and guide to the Sacrament of Reconciliation.  I was curious so I downloaded the App and noticed that during the step-by-step examination of conscience that the App essentially has a check list for sins.  I started thinking, is the App and the information contained within really confidential?

 In Texas, confidential communications are privileged if they are made to a member of the clergy “in the member’s professional character as a spiritual advisor.”  You are not initially making these statements to a member of the clergy.  It seems that even the Catholic Church agrees with this statement. The Vatican issued a statement on February 9, 2011 indicating the electronic version of the Catholic sacrament of confession was no substitute for old-fashioned confession to an actual priest.  "It is essential to understand that the rites of penance require a personal dialogue between penitents and their confessor," explained Federico Lombardi, speaking for the Vatican. "The rites of penance ... cannot be replaced by a computer application."Linda Ann Nickerson Article on Vatican Response. The comments can be saved in the App.  

A member of the clergy under Texas law includes a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization.  The privilege may be asserted by the communicant, her guardian or conservator, or her personal representative (if the individual is deceased).  The clergy member may also assert the privilege.  The privilege protects confidential communications made privately and not intended for further disclosure except to other people present in furtherance of the purpose of the communication.  Clearly, if the device was filled out during confession it would probably be considered a confidential communication.  However, if you complete the program before you enter the confessional,  is your information protected?  One can imagine the information that might be revealed by a clever lawyer searching for information in the middle of a divorce case.  What about a police detective or the district attorney investigating a crime?   Until this point is clarified under Texas law, one should be careful about making the I-pad confession.  You may actually be making your confession to the judge. 

For more information regarding a Texas Law or to speak with a Dallas Divorce Lawyer, a Denton Divorce Attorney, or a Collin County Divorce Attorney contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day).  For more information on Texas law visit our website at www.thewrightlawyers.com. Reading this blog post does not create an attorney-client relationship.  The facts of each case may be different so speak to a lawyer about the specific facts of your case. 

 

 

 

Texas Divorce: You may wish you didn’t solve the "Wheel of Fortune" puzzle!

A recent divorce in Vancouver has been complicated by an argument over $51,600 in winnings the husband earned on "Wheel of Fortune" before the couple was divorced. Vancouver Divorce.  So, I started wondering how Texas would treat these winnings.  In Texas, gambling winnings can be characterized as either separate or community property.  If the lottery ticket was purchased the day after the divorce was granted, the winnings are the spouse’s separate property.  Typically, gambling winnings in Texas are treated like income from property.  As income from property, gambling winnings won during the marriage are community property, even if the money used to purchase the ticket was separate property.  So, I guess the rule should be if you play for big money while your married in Texas, you better get ready to share it. 

 If you legal assistance with your divorce in Texas, call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!  Reading this post does not create an attorney-client relationship.  Consult with an attorney about the facts of your case as each case is different and case law changes.  

 

Don't Badmouth Your Ex on YouTube!

The Dalllas Morning News this morning reported that a judge in Collin County in North Texas has instructed the ex-wife of radio host and comedian Steve Harvey to stop badmouting him in YouTube videos or in any other media.Dallas Morning News Article.  The judge issued an injuction Monday to prevent Mary Lee Harvey "from releasing any disparaging, false, or malicious information" about Steve Harvey.  There is a hearing set for March 10 for a contempt of court allegation against Mary Lee Harvey according to the article.

Divorce and Post-divorce clients need to be careful about the statements that they make in the social media.  Even though the couple's divorce file is sealed, the judge authorized Mr. Harvey to publish the order for the limited purpose of "refuting the allegations" of his former spouse.Steve Harvey Responds   It is unknown in this case, but many divorce decrees have injunctions in them that prohibit ex-spouses from making negative comments about each other and especially comments that might be made in front of a child.  While we all enjoy freedom of speech, there are limits that a judge can place on that speech for the best interest  of a child. The morale of this story is don't try to get back at your ex using social media.  You may find yourself back in court. 

The Wright Firm, L.L.P. is a full service law firm with offices in Dallas, Denton, and Lewisville, Texas.  We may be reached at 972-353-4600 or by the web at www.thewrightlawyers.com.  Reading this blog post does not create an attorney-client relationship.  Be sure to consult with an attorney as the facts of each case are different