R.C. v. B.W

In R.C. v. B.W. (239 N.Y.L.J. 64, 2008 N.Y. [Sup Ct, Kings County, Adams, J.), Justice Rachel Adams of this court considered plaintiff husband's application for production of defendant wife's home computer. Plaintiff contended that his attorney-turned-author wife was performing most of the legal work in the parties' matrimonial case and, therefore, any applications for large sums of counsel fees could only be countered by the information on her computer. He further argued that she was making no bona fide efforts to earn income to support herself and the parties' children. Justice Adams held that although "the law is clear that electronic records and information are subject to disclosure," plaintiff was not entitled to "a fishing expedition into the wife's computer," particularly as he did "not seek financial documents, records, billing statements or bank statements" His request for documents related to his wife's application for her counsel fees and maintenance was barred by the attorney-client privilege, while his request for discovery to determine if she was looking for work--which request the court characterized as being "invasive and violative"--would not reveal probative information because she conceded that she did not intend to seek employment.