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Is it illegal for my husband's divorce attorney to cc me on emails to my attorney?

New York, NY |

It happened only once, but my husband's divorce attorney copied me on email to my attorney. This seems odd and questionable. I could understand if on an email chain someone accidentally "replies all" but this was not the case - she would have had to enter my email address in the cc line. Seems like a gray area and more in line with poor digital communication style, but am curious as to how this would apply to the "no contact" rule.

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Attorney answers 3


Contacting a represented party is not allowed under the ethics rules.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Counsel should not communicate directly with a represented party. That said, if it were a one time incident, and as your counsel should clearly be aware of it, since you were a cc to an email to your counsel, I suggest your counsel can deal with it on your behalf, and probably already has.


Being cc'd happens all the time. That's what your attorney should have told you.

Good luck.

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