The Complete A Guide to Like Lawyers In Pompeii: Is Legal Ignoring The Coming AI Crisis? (Part II) Checklist for Illinois (2025)

Summary

Core Legal Insight:

The article emphasizes that digital asset documentation and cybersecurity hygiene have become essential components of Illinois family law case preparation, as shared cloud accounts, cryptocurrency holdings, and social media posts are now routinely discoverable and can decisively impact case outcomes. The piece particularly warns that attorney-client privilege may be inadvertently waived when communications are stored on shared digital platforms—a critical procedural trap that can expose litigation strategy to opposing parties.

Why This Checklist Exists: "In 15 years practicing family law in Cook County, I've seen unprepared clients lose winnable cases. This checklist helps you avoid those mistakes."

Understanding What You're Facing: The Modern Legal Landscape

Before diving into your checklist, recognize this reality. The legal profession stands at a crossroads. Think of the ancient advocates of Pompeii. They couldn't foresee Vesuvius. Today's disruption comes from artificial intelligence.

Your case preparation must account for both traditional requirements and emerging digital complexities.

30 Days Before Filing: Critical Preparation

• ☐ Gather financial records: Collect your last 3 years of tax returns, bank statements, and investment accounts
• ☐ Document digital assets: List cryptocurrency wallets, PayPal, and Venmo accounts
• ☐ Secure sensitive communications: Use encrypted email like ProtonMail for attorney correspondence
• ☐ Change passwords: Update bank accounts, email, and social media. Use a password manager
• ☐ Screenshot evidence: Capture text messages, emails, and social media posts. Preserve metadata
• ☐ Inventory shared subscriptions: Note Netflix, Amazon, and streaming services tied to joint accounts
• ☐ Photograph physical assets: Document vehicles, jewelry, artwork, and collectibles in your home

Real-World Scenario: The Hidden Cryptocurrency Problem

Consider this situation. A Chicago spouse discovered something during discovery. Their partner had accumulated significant cryptocurrency holdings. The wallet app was hidden on their phone.

Because they hadn't documented digital assets early, tracing these funds became much harder. It also became far more expensive. Don't let this happen to you.

At Filing: Required Documents

• ☐ Petition for Dissolution of Marriage/Allocation of Parental Responsibilities
• ☐ Summons
• ☐ Financial Affidavit (sworn and notarized)
• ☐ Filing fee (verify current amount with your county clerk)
• ☐ Parenting Plan proposal (if children are involved)
• ☐ Certified copies of marriage certificate

Discovery Phase: Evidence Collection

• ☐ Respond to interrogatories within 28 days (Illinois Supreme Court Rule 213)
• ☐ Produce requested documents using secure file transfer. Avoid unencrypted email
• ☐ Prepare for deposition: Meet with your attorney at least 48 hours before
• ☐ Request opposing party's digital records: Include cloud storage, shared drives, and smart home device logs
• ☐ Preserve voicemails: Download and backup before they auto-delete

Real-World Scenario: The Social Media Trap

A DuPage County parent posted vacation photos online. At the same time, they claimed financial hardship. The opposing attorney introduced these posts as evidence.

This dramatically undermined their credibility. Every post becomes potential evidence. Assume the judge will see everything you share online.

Cybersecurity Safeguards During Your Case

• ☐ Enable two-factor authentication on all accounts immediately
• ☐ Monitor credit reports weekly: Identity theft spikes during divorces
• ☐ Use a VPN when accessing case documents from public Wi-Fi
• ☐ Never discuss case details on social media: Posts are discoverable evidence
• ☐ Check shared devices: Remove your accounts from tablets and computers your spouse can access
• ☐ Review location sharing: Disable Find My Phone features on shared family plans

Real-World Scenario: The Shared Cloud Account

An Illinois client kept backing up photos to a shared family iCloud account. They did this throughout their case. Their spouse then accessed attorney-client communications. Strategy notes and private journal entries were exposed too.

All of this was legally obtained. Why? The account was shared. Audit your cloud storage immediately.

Final Preparations Before Trial/Hearing

• ☐ Review exhibit list with attorney: Do this at least one week before
• ☐ Prepare witness testimony outline
• ☐ Organize timeline of events: Arrange chronologically with supporting documents
• ☐ Dress professionally: Wear business attire in conservative colors
• ☐ Arrange childcare: Courts prohibit children from attending hearings
• ☐ Arrive 30 minutes early: Security lines can cause delays
• ☐ Silence your phone completely before entering the courtroom

The AI Factor: What Modern Clients Must Know

Pompeii's legal advocates couldn't anticipate the catastrophe approaching their city. Similarly, many in today's legal profession underestimate something important. AI is rapidly transforming case preparation and evidence analysis.

Stay ahead by taking these steps:

1. Understanding AI-generated evidence concerns: Courts increasingly scrutinize digitally altered images and documents
2. Preserving metadata: Original file data proves authenticity. This matters when opposing counsel claims manipulation
3. Asking your attorney about e-discovery tools: Modern document review catches what manual review misses

Download Your Printable Version

Download the printable PDF checklist. Keep it handy for easy reference throughout your case.

This checklist is your roadmap. However, every case is unique. Consult with an Illinois family law attorney. They can customize your strategy and ensure you're fully prepared for what lies ahead.

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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For more insights, read our Divorce Decoded blog.