Digital Footprints, Social Media, and the Legal Risks of Oversharing: A Conversation with Attorney Jillian French - Ep 37

In Episode 37 of Cases & Cocktails, Bryan and Janice Eggleston welcome attorney Jillian French for a lively and eye-opening discussion about how your online activity—and even your private digital communications—can come back to haunt you in a divorce or custody case. Over a tamarind tequila soda (for the hosts) and a Wisconsin-brewed Spotted Cow (for Jillian), the group dives into the realities of digital footprints, social media behavior, and AI privacy concerns.

ChatGPT, Subpoenas, and Attorney-Client Privilege

The episode kicks off with a timely warning from OpenAI’s CEO about how anything typed into ChatGPT could be subject to a subpoena. This prompts a discussion about whether sharing trial strategies or personal details with AI could compromise attorney-client privilege. While courts haven’t fully defined AI in this context, the consensus is clear: once sensitive information leaves the direct attorney-client channel, it may lose its protected status.

Jillian likens the risk to early concerns about Alexa and Google Home—whether they were always recording and how that data might be used in legal proceedings. Even if AI companies claim they don’t “store” user data, using these tools as a personal sounding board could unintentionally create a detailed, timestamped record of conflicts, arguments, or self-admissions—gold mines for opposing counsel.

Social Media: The Exhibit You Built Yourself

The conversation shifts to social media posts and online behavior. Whether it’s a curated “perfect family” image masking abuse or a late-night post venting about an ex, the Egglestons caution clients to think before posting. Positive posts can be used to undermine abuse claims, while negative ones can be tied back to the other parent—even without naming names.

Janice’s rule is simple: Quit making exhibits for the other side. She urges clients to resist the temptation to post emotionally charged content during active litigation. Even deleted posts aren’t always gone—screenshots taken by others can surface months later. The same goes for text messages sent in anger, which often end up as multi-page exhibits in court.

The Permanence of the Digital Age

Unlike decades past, when mistakes could fade into obscurity, today’s missteps are often permanent. Old social media debates, controversial “hot takes,” and even outdated jokes can resurface years later, as public figures and private citizens alike have learned the hard way. The team underscores the need to treat every online action as if it could be read aloud in a courtroom.

Privacy, Possession, and the Law

One of the most surprising parts of the episode addresses a common misconception: that spouses have the right to search each other’s devices. Jillian stresses that accessing a partner’s phone, email, or accounts without permission—regardless of marital status or who pays for the device—is a crime under both state and federal law. Civil penalties can be steep—up to $10,000 per violation—making unauthorized snooping a costly mistake.

They also touch on the process of obtaining electronic evidence legally. Even when courts approve a forensic review of devices, a neutral third party filters the results, and only information deemed relevant by a judge is released. Broad “fishing expeditions” aren’t permitted, making it crucial for litigants—especially those representing themselves—to know their rights and object when necessary.

The Bottom Line

The episode drives home a simple but critical message: assume anything you post, type, or share digitally could one day be used in court. From AI tools to Instagram stories, the best protection is mindful communication and a strong legal strategy.