lawyer using ilegally accessed email

[Proserpina]

If the therapist were the child's therapist, then the other party has the right to the same access as OP for anything the therapist has in her/his records regarding a MUTUAL child.
As OP says this:

The therapist did nothing illegal. Unless the other side is NOT the other parent/custodian of OP's daughter. The therapist for daughter had the DAUGHTER as the patient and NOT the parent.

I'm actually wondering why on earth it is such a catastrophic event - what the heck has OP being saying ?!

 

[Ladyback1]

I'm in Alabama working out of the house and my company is in South Carolina. I have a work computer and a work email address that is also my personal email address. I sent an email to a specific person. That email was sent to a an opposing parties lawyer who in turn copied and pasted the email and sent it to my lawyer. My lawyer sent it to me. I never sent this email to the opposing party so my email was accessed without my knowledge. The opposing lawyer states that I sent this email to the opposing party, which I did not. The copied and pasted email clearly shows it was not sent to the opposing party. The email is not work related. The email was a private communication between myself and a therapist for my daughter. Back in 2006 the opposing party accessed my email illegally and bragged about it. In August 2009 I changed all my passwords with the help of my company IS manager so the opposing party did not have access. I do not know how long this has been going on but the opposing party has had me in and out of litigation for years. Between settlements and lawyer fees I'm in the hole $100k. All my persoanl banking, taxes,etc are in this email account. So my questions are 1) Opposing party is using an email obtained illegally. Whether the lawyer knows it or not there is no record of the email being obtained legally. 2) The act by the opposing party to illegally gain access to my company email account falls under what law? 3) What can I do?

Perhaps I am wrong, but: An email address supplied by an employer is the employer's "property". And that email address (and all emails sent and received at that email address) is subject to different privacy rules, than oh say, a Yahoo or Gmail account.
Sending personal email from a business/employer supplied email is NEVER a good idea.
If you want to send "private" and "personal" communications, then you should establish a private and personal email.

Furthermore, if the business supplied account was "hacked", then it should be something that your employer should be concerned about, and investigating. If someone, anyone, is hacking into a company's email server or email archive system, that is a serious breach of the company's security.

 

[Zigner]

Perhaps I am wrong, but: An email address supplied by an employer is the employer's "property". And that email address (and all emails sent and received at that email address) is subject to different privacy rules, than oh say, a Yahoo or Gmail account.
Sending personal email from a business/employer supplied email is NEVER a good idea.
If you want to send "private" and "personal" communications, then you should establish a private and personal email.

Furthermore, if the business supplied account was "hacked", then it should be something that your employer should be concerned about, and investigating. If someone, anyone, is hacking into a company's email server or email archive system, that is a serious breach of the company's security.

And just another piece to add to this: It's a WORK COMPUTER. Why is the OP utilizing it for personal use?

 

[bham]

therapist said she didn't forward email. she was pissed. my company email was hacked into. that's a given Am i understanding this correctly that once i send an email, anyone is entitled to it regardless of who it was addressed to? doubt it. if that was true you wouldn't see disclaimers following most emails. i believe it will be cleared up in depos as to how the email was obtained...great opportunity to open a can a worms at least. but...i believe,or hope, my IS guy at work will find out the IP address of the hacker and I believe, or hope, he'll find out how frequently it was hacked from that address. If she hacked into my account prior to my last settlement, then there's a big problem for her. Does anyone have any case law on actual hacking into corporate emails, to steal information?

If the therapist were the child's therapist, then the other party has the right to the same access as OP for anything the therapist has in her/his records regarding a MUTUAL child.
As OP says this:

The therapist did nothing illegal. Unless the other side is NOT the other parent/custodian of OP's daughter. The therapist for daughter had the DAUGHTER as the patient and NOT the parent.

 

[bham]

i am allowed to use my email for personal use

therapist said she didn't forward email. she was pissed. my company email was hacked into. that's a given Am i understanding this correctly that once i send an email, anyone is entitled to it regardless of who it was addressed to? doubt it. if that was true you wouldn't see disclaimers following most emails. i believe it will be cleared up in depos as to how the email was obtained...great opportunity to open a can a worms at least. but...i believe,or hope, my IS guy at work will find out the IP address of the hacker and I believe, or hope, he'll find out how frequently it was hacked from that address. If she hacked into my account prior to my last settlement, then there's a big problem for her. Does anyone have any case law on actual hacking into corporate emails, to steal information?

 

[Zigner]

You sent an email to someone and they sent it to someone else. That's not illegal. Nobody illegally accessed the email.

 

[bham]

there's nothing much to the email. doesn't hurt me, doesn't help me. the point is she hacked it, then supplied to her lawyer in which her lawyer used it as justification as to not allow he client to sign a release allowing both lawyers, from each side, to speak to the therapist on how exactly the child is "doing" she has filed claiming this and that to reduce my custody and increase her child support. it's a crock

 

[bham]

ok...it got sent to the intended person. then some one hacked my email, looked in my sent box, and i think forwarded it to herself to forward to her lawyer...

there's nothing much to the email. doesn't hurt me, doesn't help me. the point is she hacked it, then supplied to her lawyer in which her lawyer used it as justification as to not allow he client to sign a release allowing both lawyers, from each side, to speak to the therapist on how exactly the child is "doing" she has filed claiming this and that to reduce my custody and increase her child support. it's a crock

 

[Proserpina]

therapist said she didn't forward email. she was pissed. my company email was hacked into. that's a given Am i understanding this correctly that once i send an email, anyone is entitled to it regardless of who it was addressed to? doubt it. if that was true you wouldn't see disclaimers following most emails. i believe it will be cleared up in depos as to how the email was obtained...great opportunity to open a can a worms at least. but...i believe,or hope, my IS guy at work will find out the IP address of the hacker and I believe, or hope, he'll find out how frequently it was hacked from that address. If she hacked into my account prior to my last settlement, then there's a big problem for her. Does anyone have any case law on actual hacking into corporate emails, to steal information?

No, it's not a given.

At all.

And you're REALLY not understanding the disclaimer issues.

 

[Proserpina]

ok...it got sent to the intended person. then some one hacked my email, looked in my sent box, and i think forwarded it to herself to forward to her lawyer...

Now why would they do that exactly?

 

[bham]

in an attempt to say that i was influencing the therapist. which i wasn't or even if i was you'd need to ask the therapist who has no say in anything except her thoughts on the child the hacker is trying to hide something, trying to discredit the therapist maybe hacker would really like to medicate the child for add but the therapist and the add shrink say child doesnt have add hacker is borderline personality ish.... this isn't really about the therapist it's about her reading all my emails (if there's evidence that she's been into it before like back int 2006) including my lawyers emails and my emails back to him my laweyer is the x president of the alabama bar, he's very seasoned and repuptable. i'm dying for him to call

Now why would they do that exactly?

 

[Ohiogal]

in an attempt to say that i was influencing the therapist. which i wasn't or even if i was you'd need to ask the therapist who has no say in anything except her thoughts on the child the hacker is trying to hide something, trying to discredit the therapist maybe hacker would really like to medicate the child for add but the therapist and the add shrink say child doesnt have add hacker is borderline personality ish.... this isn't really about the therapist it's about her reading all my emails (if there's evidence that she's been into it before like back int 2006) including my lawyers emails and my emails back to him my laweyer is the x president of the alabama bar, he's very seasoned and repuptable. i'm dying for him to call

You have NO EVIDENCE on the hacking. NONE. What did your job say when you told them their system has been hacked?

 

[anearthw]

Also, apparently this happened in 2006?

It sounds like you are financially and legally at the end of your rope and grasping at straws. Receiving an e-mail not intended for you is not "hacking".

Are you trying to say that the opposing lawyer actually sat their and tinkered into your computer accounts? Or that they just RECEIVED AN EMAIL. Those are two completely different things.

 

[Ladyback1]

i am allowed to use my email for personal use

"allowed" doesn't mean you should!
Seriously.

Is it that difficult for you to get a PRIVATE email account??

You using your company email for private/personal communications does a couple of things: It opens up the company for liability, and those emails are archived/stored for a lot longer than a web-based/free email account(thus if you sent a nefarious email about something/anything, it would be much easier for it to be used against you. Subpoenas are lovely little things, your company could be ordered to produce and turn over ALL of your electronic communication.

Dear Lord, use your head! What happens if your fired, effective immediately? You may not be given the opportunity to retrieve your personal data off of the mail server.

 

[Proserpina]

Would you mind if I summarised?

Mom has the child, you don't have the child, you are trying to get custody and basically looking for all the mud you can find to sling it all at Mom.

Remember...when you do that, you leave your own hands dirty.

Sound about right?