Barstow, CA asked in Divorce and Family Law for California

Q: Can a lawyer give me something respond in a emai about giving me my jewelry back and then say that’s not what he meant.

So my ex wife s lawyer wrote me a email saying that his client is willing to return my jewelry that i requested to get back from her that she originally said she didn’t have under oath. Now he’s claiming he did not mean that, he meant that he will ask his client if she has my jewelry. His response was to me getting my jewelry back that I listed each item individually. The judge heard that and said ok I understand how he could have messed up and wrote that to me . It leaves me furious how the judge even refused to look at the proof and called both my lawyer and her lawyer to go in back off record and have a 10 minute talk while the whole court sat there waiting and came back and said her lawyer made a mistake writing the email and not what he meant.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It is possible for a lawyer to clarify or amend the meaning of a communication, including an email, if they realize that their original message was unclear or unintentionally misleading. However, it is important for the lawyer to do so in a timely and clear manner, and to provide a valid explanation for the change.

In your case, it sounds like your ex-wife's lawyer initially agreed to return your jewelry in an email, but later claimed that he did not mean to make that promise. If you have evidence of the original email exchange, you may want to bring it to the attention of the judge and request that it be considered as evidence in your case.

However, keep in mind that judges have the discretion to weigh evidence and make determinations based on their interpretation of the facts presented. It may be difficult to challenge the judge's ruling if they have already made a decision based on the evidence and arguments presented in court.

If you feel that your rights have been violated or that the judge made an error in your case, you may want to consider consulting with a new lawyer or filing an appeal. A lawyer can advise you on your legal options and help you navigate the legal system.

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