There are few ways that can kill a family law case quicker than hanging one’s emotions on a series of badly intentioned e mails.  What happens often is a client will come into the office with a certain position regarding their case.  The family law attorney will take what the client says at face value, and prepare their case strategy as such.  The client will deny that any improper communications have been made, and proffer that there is no proof to the contrary.

Often the opposite will be discovered during the discovery stage, where the other side will produce a slew of e mails showing that what the client says, and what the facts are, are in direct conflict with each other.  Sometimes, the family law attorney never gets a chance to discover the problem before going to court.

Most commonly, this happens when the other side files a request for a TRO (Temporary Restraining Order), where the other party will attach e mails to support their allegations of harassment or threats of domestic violence.  This happens all the time.

E mails constitute documentary evidence and are admissible in court.  They tend to speak for themselves, but may also be attacked for other reasons.  So it is important to remember that every time you have a bad day, and your (former) partner pushes your proverbial buttons, that long established mental-emotional reaction pattern that has for so long been a part of your life and your relationship, could come back and haunt you in the worst possible way, when the very life of your family is at stake.

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