Legal Question in Family Law in South Carolina

I just found out that my attorney is sharing our confidential e-mails to my ex-spouse attorney and they in turn are sharing with them (the ex).

I questioned my attorney regarding this and was told it was part of discovery. I'm confused since the only means of contact my attorney wanted was through e-mail and everything put in there was questions or advice pertaining to the upcoming final divorce date in two weeks.

I then asked why I had not received any of the e-mails the ex had submitted etc. I was told by my attorney that she handles everything for me. I thought she was supposed to discuss everything with me before making a decision on my behalf. I feel misled / misrepresented and worst of all - worried about going to court on the 13th.

I know if I start questioning everything she is going to tell me she is no longer representing me. I have paid over 4k in legal expenses. I had to pay a 1500k retainer and have been hit with that every few months and I no longer have the means or financial security to do this again. The last e-mail I submitted was just letting her know that since I moved out of the county after the divorce was final in two weeks I was planning to file jurisdiction charges and move forward with filing a modification for the visitation and then go forward in a few months with trying to establish full custody and let the ex-spouse do visitation.

Now everything is exposed and both attorney's and my ex are trying to hold the divorce up on the 13th. I'm at my wits end both emotionally / physically / and obviously financially.


Asked on 8/30/10, 3:48 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Typically, email correspondence between you and your attorney are protected and confidential under the attorney-client privilege. I cannot imagine any circumstances under which your attorney should have given your emails to your spouse's attorney.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 9/08/10, 7:35 pm


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