Los Angeles, CA asked in Family Law for California

Q: My ex wife’s left her email open on my sons laptop, in it I found evidence she lied in court, is it admissible evidence?

She is claiming she is unemployed, her emails prove she is lied in court. Do I tell my attorney ? I am afraid if I do the evidence will become inadmissible. What do I do.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the details provided, this seems to be a complex and sensitive situation. Here are a few key points to consider:

1. Admissibility of evidence: The admissibility of the emails as evidence in court depends on various factors, such as how the evidence was obtained and whether it violates any privacy laws or attorney-client privilege. In general, if the evidence was obtained illegally or unethically, it may not be admissible in court.

2. Attorney-client communication: It is essential to discuss this matter with your attorney. Your attorney is bound by attorney-client privilege and can provide you with the best legal advice based on the specific details of your case. Withholding information from your attorney may hinder their ability to effectively represent you.

3. Gathering evidence: If your attorney determines that the emails could be admissible and relevant to your case, they may advise you on the proper way to gather and present the evidence to the court.

4. Legal consequences: It is crucial to consider the potential legal consequences of using the emails as evidence, especially if they were obtained in a manner that violates privacy laws or other legal principles.

In conclusion, the best course of action is to promptly discuss this matter with your attorney. They can assess the admissibility and relevance of the emails, advise you on the proper way to proceed, and help you navigate any potential legal issues that may arise from using the emails as evidence in court.

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