Do You Really Want to Put that in Writing?

     Emails and text messages are common, everyday forms of communication.  So common that people don’t think about the consequences of sending off an email, text or tweet.

      You probably remember Gen. David Patraeus’s resignation when it was discovered that he sent many inappropriate emails to a woman other than his wife.  Anthony Weiner’s texting cost him his congressional seat and, possibly, the election as mayor of New York City.  Those communications were meant to be private and were leaked to the public.

      As for emails that were not meant to be private, the courts have found that a string of emails can make a contract to sell real estate, even though no formal contract was signed.  The courts decided that the content of the emails showed a negotiation of terms that were accepted by both sides.  In a recent divorce in Worcester County, the court found that an exchange of emails between then separated husband and wife about the loaning of money to buy a home for the wife and her obligation to repay were binding.  A large chunk of the asset division went to the husband based on those communications.

     These written communications can cause criminal problems, also.  I have been involved in a number of criminal cases when a spouse brings in her phone with text messages or prints out emails from the other spouse in violation of a “no contact” provision of a restraining order.  The written word can take on different meanings from the spoken word; the innocent text can look menacing in someone else’s eyes.  Sometimes, it is not so innocent and the sender just learned a big lesson about written communications.

     One of my recent cases involved a woman who was involved in an altercation with another woman over her boyfriend.  After the altercation, the boyfriend sent the following text (see photo).  The district attorney’s witness list got smaller by one person after that text was presented.

     These are just a few examples of how sending what you think is a meaningless email, text or tweet can have a profound effect on you.  If you don’t believe they can become a serious matter, just ask Donte Jamar Sims.  He was sentenced to 6 months in jail and then supervised probation when he sent a tweet threatening to kill the President of the United States.  He should be out in time for Christmas.