E-mail has made it easier to communicate with more people, more quickly and more informally than ever before. We find ourselves in e-mail “conversations” divulging information that we used to reveal only in-person and under the strictest confidence. We incorrectly believe that we’re in a private space and, as a former senator recently learned, when that private space becomes public, it can be more than embarrassing. Our clients’ access to information through review of an opposing party’s e-mails is the subject of our column this month.
Let’s get right to our hypothetical: A suspicious wife accesses her husband’s personal e-mail account on their mutually owned computer by using a password he created for some of their other accounts. Her review of the e-mails proves that he has not been the faithful husband she thought he was. Wife files for divorce and forwards e-mails to you, her lawyer.
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