There is an old saying, "Silence is golden." There is also a line from the Godfather , "Santino, never let anyone outside the family know what you're thinking." I am probably quoting the line wrong, but often quote it to my clients. As a Denver area divorce attorney and a great fan of gangster movies, I often advise my clients to act like gangsters or Goodfellas in terms of being very cautious about what they say and trusting only those closest to them with their thoughts. Though this may sound a little paranoid, it is great advice for people going through a divorce or custody case.
I was in court a couple of days ago on a restraining order matter, feeling ever so sneaky at the fact that I had multiple very damaging recordings of the other parent saying horrific things. I was able to use the recordings in a surprise manner in the courtroom and was on top of the world over the fact that I had likely made the case for my client. My client had recorded his or her significant other in a rant that came back to bite that person on the rear end. No more than half an hour later, the other attorney pulled out his own recording, perhaps more damaging to my client than ours to his. In both instances, both parties engaged in horrible verbal behavior, spewing out many of the proverbial "no-no's" in any battle regarding kids. In both instances, neither party knew he or she was being recorded by the other.
These days, people should always presume, whether in person or on the phone, that they may be being recorded. If a party to a family law case gets in the practice of watching what he or she says with every breath, ie: thinking like a gangster (or a lawyer), he or she may prevent tons of legal problems and heartache down the road.