Ask A Lawyer

Tuesday, September 13, 2005

Revenge is a dish best served cold

Q. Can a husband whose wife is leaving him for someone else and happens to be a therapist file a non founded claim of sleeping with a client go to the board of ethics to attemt to hurt her, and what will happen. [T]he client he said has never filed any complaint and dosent [sic] know their records were taken yet. [C]an he harm her if no complaint from anyone was ever filed against her[?]

A. Vengeful, much?

I can’t tell who’s writing this. It may be the husband, or it may be an acquaintance of the husband. I also cannot tell for sure who the players are. However, there’s enough ugliness in this question that I feel compelled to respond to it.

As a preliminary matter, I will never understand why one person, even if rejected by a spouse, finds it necessary to inflict harm (emotional or physical) on the rejecting spouse, simply for the sake of doing it. Life is too short to be consumed by such overriding hatred and bitterness. We’ve all been hurt, for goodness sake, and we’ve all been rejected (some of us more than others). We all get over it in our own time and, believe it or not, Husband here will too, without the necessity of lashing out for no particular reason except to be evil.

That said, let’s see if I’ve got this straight: Wife is a therapist and is leaving Husband for Other Man. Husband has, somehow or other, taken (or otherwise gained access to) the Wife/therapist’s client files and wants to assert a baseless claim in front of the ethics board, apparently in the name of one of the clients, that the Wife/therapist has been sleeping with that client. (It may be that the Other Man is also the client in question, but that’s not clear.) Husband now wants to know if that will hurt the Wife/therapist.

This is not a legal question, except for the legal ramifications that may arise as a result of Husband’s immature nastiness. I’ll get to those in a minute.

The answer to the question is: no. We already know the claim Husband wants to file is baseless. How will the assertion of a baseless claim hurt Wife? If the ethics board even bothers to investigate a baseless, unsubstantiated, and presumably anonymous claim, I cannot imagine the circumstances under which the ethics board would impose any sanctions on Wife.

I can, however, very easily imagine a scenario where Wife finds out what’s going on and presses criminal charges against Husband. Those charges would, of course, depend on the circumstances under which Husband came into the possession of Wife’s files. I’m thinking that if Husband broke into Wife’s office to get the client files, the prosecutor would be more than a little interested in investigation that particular breach of the law. I’m also thinking the clients whose privacy rights were violated might also consider filing civil claims against Husband. Nice how vengeance works, isn’t it?

More importantly, Wife’s divorce attorney will probably be salivating over this turn of events, once he or she discovers Husband’s nefarious conduct. Husband can say goodbye to any favorable inferences that any judge who hears his case might have drawn. It’s far better in a divorce action for Husband to assume the role of cuckolded spouse, thereby donning the mantle of “victim,” rather than take on the part of “crazy stalker” who breaks into Wife’s office, steals her files, asserts false claims against her, and generally tries to make her life miserable for no particular reason other than he’s a jerk. That’s all the explanation Wife would need for her decision to go with Other Man, and that’s all the judge would need to bury Husband under the courthouse. Figuratively speaking, of course.

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