Legal Question in Criminal Law in California

My ex and I are going to court over a civil matter. I had a default monetary judgement against her. After the judgement, I got a writ of execution to perform a bank levy and wage garnishment. She became angry and filed a restraining order. We have not had any contact since an email was sent in June of 2015. I have hired an attorney to represent me I found out today secondary to an ex parte hearing she had on Friday that she has been reading my emails. I gave her my password to my account last October, we broke up in December and I neglected to change it. My fault. My question is, did she break the law by reading the emails between my attorney and me . She apparently now knows my legal strategy. I thought these communications were considered privileged between client and attorney.


Asked on 8/11/15, 8:41 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Since you have a lawyer, you should discuss this with him. He needs to know what she may or may not have seen, and you need to know what she told the court. The two of you also need to discuss what to do next.

There are laws governing access to other people's emails. Your question doesn't give us enough information to say whether your ex broke any of those laws, but she very well may have. Whether she did is a distinct question from whether the emails were privileged.

The privilege covers most communications between a lawyer and client about the subjects of the lawyer's advice or representation. That means they can't be used in court unless the client waives the privilege. Failing to fully secure them shouldn't be a waiver, but it could be depending on the circumstances.

Note that the privilege has limits and exceptions. There aren't many, but they do come up from time to time. Nothing you've written suggests that any apply here, but it's possible. This is something you should ask your lawyer about.

Good luck.

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Answered on 8/12/15, 11:22 am


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