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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 28483
Experience:  Lawyer
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I am in a Divorce/Custody battle with my ex-wife and both

Customer Question

I am in a Divorce/Custody battle with my ex-wife and both parties have representation. My attorney forwarded me a proposed judgment entry regarding the case requesting my review via e-mail. I reviewed the lengthy JE and sent a e-mail to my attorney with a long list of questions/concerns and possible changes asking my attorney to "review and let me know the next steps". My attorney instead forwarded the entire e-mail "as is" to opposing counsel who then forwarded to her client (my ex-wife). This communication was meant only for my lawyer as there were many frank and direct questions and comments seeking advice in order to modify the JE to be returned. I am now receiving backlash from the plaintiff including almost no cooperation and an increase in legal response due to this communication going out that was only meant for my attorney. What can and should I do here?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The rules of professional conduct require a lawyer to maintain the confidentiality of client communications. Forwarding your email to an opposing party without your informed consent is a violation of those rules, and he could be sanctioned.

https://www.ohiobar.org/ForPublic/AboutLawyers/Pages/StaticPage-84.aspx

On top of that, if his negligent act results in additional legal fees to you, your lawyer will have to pay them. And if you get an unfavorable result in the case because he shared your private communications, you might have a suit for malpractice. Hopefully, it won't come to that, but if he can't fix things, be aware that it is an option.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.