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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.