Bruce Law Firm - June 2023

How Disses Became Poetry Long before diss tracks, rap battles, and “yo mama” jokes, there was medieval “flyting.” Defined as quick exchanges of witty insults, these poetic slights were popular in England and Scotland from the 5th to 16th century. Insulting someone in verse took immense effort and quick wits, and they were undoubtedly a performance you didn’t want to miss. The Original Rap Battles

Back Away From the Keyboard

Social Media Can Hurt You During Divorce

Our phones are with us everywhere we go, and so is social media. Sharing the details of our lives online is so normalized now that there’s a National Selfie Day on June 21. But while most social media posts are all in good fun, the attorneys at Bruce Law know those daily updates can land you in hot water during a legal battle. Social media posts have been used in family law cases for years. They’re often considered critical pieces of evidence during a dispute. For example, one side might argue that someone who regularly posts vacation photos doesn’t need alimony. An attorney could use an offensive online comment to argue one spouse has poor moral character. And trashing your ex online can be construed as evidence that you’re creating a hostile parenting relationship. These matters have impacted and will continue to impact the outcomes of alimony, child support, and custody decisions. An attorney could try to turn your post about grabbing drinks with friends into evidence of a substance abuse problem. Or they might argue that a new purchase indicates a better financial situation than you’ve previously disclosed. Everything you post will be under the microscope. Worse, the internet is forever. Deleting a photograph or post doesn’t make it “gone.” There are ways for savvy technology users to access much of this information, and every minute something is live on the web is an opportunity for someone to create a screen capture. Further, you should avoid deleting content during litigation, even if the original post was ill-advised. A judge might consider it evidence of deceit. For the above reasons, we encourage our clients to refrain from posting on social media throughout the litigation process. Sharing photos, videos, and online comments should ideally be placed on hold. If clients insist on using social media, they should change their passwords and set their privacy settings as strictly as possible. But remember, you never know who might secretly share information with your spouse or co-parent. Above all, do not comment on pending legal issues, and never post anything online you wouldn’t want a judge to see. Finally, as tempting as it may be, do not comment negatively about your ex. Save your venting for therapy sessions and in-person friend meet-ups, where they won’t come back to haunt you.

Despite crude language and below-the-belt potshots, flyting became entertainment for royals and was dubbed “court flyting.” While these jests are not well-documented, one flyting event made history. The iconic exchange known as “The Flyting of Dunbar and Kennedie” occurred in the early 16th century between William Dunbar and Walter Kennedie. The two were performing their court flyting for the Scottish King James IV. Both men were known for their intellect and clever nature, and their flyting did not disappoint. This famous dialogue featured two firsts: using fecal matter as an insult and dropping the F-bomb. Low-brow and crass, these speedy insults were simply too entertaining for even kings and queens to ignore. If you’re wondering what exactly these two “gentlemen” were saying, we’d have to admit that it would be difficult to quote without including expletives and curses. However, one tame section can be shared here. Dunbar reportedly insulted Kennedie by saying:

Maggoty mutton, gorged glutton, scurrilous certain heir to Hillhouse, Rank beggar, oyster-dredger, dismal debtor on the lawn, Lily-livered, soul-shivered, cheap as slivers in the millhouse, Bard baiter, thief of nature, false traitor, devil’s spawn.

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While these amusing fights were a form of entertainment, men also used them to influence the courts and improve their social profile while lowering others. So, as you can imagine, flyting could get intense (similar to rap battles and heated diss tracks).

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Centuries have passed, yet some things never really change!

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–Ashley and Chris Bruce

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