New York Law Journal, June 28, 2024 —
Each and every day, when we step out of the front door, we take risks. Perhaps we are aware of them, and perhaps, we are not. If you read the newspaper, you are no doubt acutely aware of the risks that surround us in an increasingly precarious world.
As divorce lawyers, one of the risks we take hour by hour, minute by minute, involves the exchange of emails, whether with clients or our opposing counsel. It is essential that we monitor with exacting precision what we put in writing in the form of emails. That includes not only proofreading the text of our emails, but also the minutiae of triple-checking who is listed in the “To,” “Cc,” and “Bcc” fields, and what is written in the “Subject” field.
This author finds himself looking in the “Sent” folder multiple times after an email is sent, and then hours or even days later having flashbacks where I begin to second guess if I sent an email to all of the correct recipients. Why am I so obsessively compulsive about the emails that I send in my capacity as a divorce lawyer?
I can answer that question for you by directing your attention to the recent decision of the Supreme Court of the State of New York, County of Westchester, in J.G. v. L.G., 2024 NY Slip Op 50659(U) (Sup. Ct., Westchester Cty., June 3, 2024). If you have not yet read the decision, put your pencils down and please read it.
In J.G., the plaintiff-husband filed a motion requesting that certain emails between counsel be deemed a binding settlement agreement as to the issue of the disposition of the marital residence.