Hi
A friend is getting divorced from her husband. They have a shared email address. Her solicitor told her to communicate with them using a different email address which she has done throughout the process – which is now approaching a conclusion.
However, earlier today the solicitor (or a trainee at the practice) emailed the joint account with a long post revealing a lot of sensitive information regarding her salary, the fact he could pay less maintenance than he was offering, issues to do with his pensions etc – basically all the info they’d put together, breakdowns, possible outcomes etc, everything that could be taken to mediation – all now shared with him.
She’s understandably a bit miffed by this to say the least. Any advice as to what her next steps should be?
Legal issue
by 9 Comments
Stupid question, perhaps, but why didn’t she just change the password for the shared email account as soon as she realised what had happened, so her ex couldn’t read it? Or was it too late?
I’ll leave the thornier legal aspects – whether, and if so how, to seek, er, remedy? relief? redress? What’s it called? from her own solicitor, etc. – to Mr Bingo “Bundle 4, Tab F, Please” Little, QC.*
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* Quite Clever
I don’t think she saw it until she returned home from work. In all honesty, she doesn’t know if he’s seen it either, but he’s more likely to have checked email during the day.
All salary, benefit, pension etc information would have to be disclosed as part if the divorce anyway. The minimum that one party could pay the other is a matter of record, being the legal minimum payment calculable using the government’s Child Support Agencies calculator.
I wouldn’t worry too much, unless strategic or potential future expectations were revealed. You’d have to be a real dick to accidentally share that sort of thing with your ex. Er, don’t ask how I know…
From a legal bod (OLAA) who is not an expert in professional negligence (he made me write that):
“I would make sure the solicitor knows the mistake they’ve made as soon as possible as it’s in their best interests to minimise any bad consequences that could result.
There may be scope for making a complaint against the solicitor and/or getting some recompense from them, but they can worry about that later. (They’d probably want to talk to a solicitor specialising in professional negligence about this.) The important thing right now is to minimise any damage the mistake caused. It would depend on the circumstances as to what damage was actually caused; might be some, might be none. Contentious things are tactical so they ‘other side’ having access to your thoughts might well be an advantage to them (to put it mildly). But putting a specific monetary figure on the damage, if any, would be really hard or even impossible.
I might be able to find the name of a professional negligence solicitor if you’re keen. “
thanks very much – i’ll forward your thoughts and info to her
Above covers it all off pretty well. She should certainly sack her solicitors, as that is an almighty balls up.
Only thing to add is to consider the information disclosed, and also the format it was sent in. If the document was headed “privileged”, for example, then the husband’s solicitors won’t even be able to look at it. Years ago now I was in a situation (albeit non contentious) where we were sent critical info by the other side and deleted it on the spot.
Some of the info in the email is likely to be disclosed in proceedings anyway, but I’d query whether other elements might prove impossible for the husband’s lawyers to make any real use of/introduce directly into mediation/court, if it comes to that.
A good way to tell how the other side will approach this; if they feel the info in the email is fair game, they’ll be required to notify you they’ve received it. If your friend hears nothing, it’s possible they’ve concluded it’s tainted and have simply deleted it (if she hasn’t already done so).
Good luck to your pal, hope it works out OK.
Yes, my legal sidekick also mentioned those points re: privileged information.
Good luck to your friend.
Thanks Bingo and Ruby – the privileged aspect hadn’t occurred to either of us.
As somebody currently going through a divorce, I think all the information that has been communicated in this email would have needed to be recorded and seen by both anyway.