Legal Question in Technology Law in California
Ex husband got a copy of an email I sent only to my attorney
My divorce was nasty and there are still many lingering issues. My ex husband is in the computer/security/network field, and got a copy of a very sensitive email I wrote to my attorney about my ex husband and the divorce/custody case. He emailed me and said he had a copy of it, and went into detail about it. There is no doubt he has a copy. My attorney did not forward the email, nor the content, to his attorney. I looked at the original sent email and it was only sent to my attorney (no CC's or BCC's). However, it was sent using Outlook, and in hindsight, I realize there are security issues. I have confronted my ex husband and he will not admit or deny anything (no response). At this point, I am not sure just how much access he has to my emails and computer (there is no way he had my email password as I have changed it), and feel that now my entire case (as well as all the data on my computer) has been compromised. What legal recourse, if any, do I have? I am sure he has covered his tracks, other then the email that he sent me saying he has a copy of the email I sent my attorney. This is one of many dirty things he has done along the way, and I would like to finally stand up to him within my legal boundaries. Thanks.
2 Answers from Attorneys
Re: Ex husband got a copy of an email I sent only to my attorney
I assume your attorney will tell you to call the police.
Re: Ex husband got a copy of an email I sent only to my attorney
Advising you properly would probably require knowing how the divulged information compromises your rights. If it has an effect on the outcome of any proceeding in court, such as a property or custody dispute, possibly the judge should be made aware. If the information leak is mainly a personal embarrassment, you may have no legal recourse in the divorce case and you'd have to bring an independent case (civil, perhaps criminal) for the invasion of privacy tort or crime itself.
Many family law lawyers who are very competent at doing dissolution of marriage matters are (justifiably) clueless when it comes to things like this. Consult with your divorce lawyer, but don't expect her or him to know all the answers.
Again, the specific nature of the divulged information and its effect on your case will have a large impact on what is the right next step, if any; possibly you just have to lick your wounds and be more careful next time.
Or, on the other hand, as a long shot you may be able to get this turkey behind bars. In some circumstances, it may be warranted to make a complaint to the police or the D.A.
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