QUESTION
Can my bankruptcy attorney talk to my ex without my knowledge or consent?
Asked on Nov 12th, 2016 on Bankruptcy - Nevada
More details to this question:
I am almost 4 years post divorce. I have filed for chapter 7. I knew that my ex would be notified if my filing but I contacted my attorney and asked if my ex would know about the meeting date and time. He responded and said that he does know about the meeting and that he spoke with him the previous week. He didnt tell me. If I hadn't asked, I would never have known they talked until the meeting. The debts I have filed are 100% mine. They will not impact my ex at all. He is no more responsible for my debt than my neighbor or grocery store checkout. Does attorney-client privilege not count in this circumstance?
4 ANSWERS
So what information do you believe your attorney told your ex that was privileged? In bankruptcy, 99% of what you tell your lawyer goes into the public record and is not privileged? Most likely your attorney got a phone call from your ex and was being polite in telling him WHERE the courthouse was or explaining that the bankruptcy would not hurt your ex's credit.
Answered on Dec 19th, 2016 at 6:03 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Attorney-client privilege applies to confidential information conveyed by the client to the attorney. As a bankruptcy attorney, I regularly receive calls from creditors and other interested parties concerning a bankruptcy filing - I tell these people that they should contact their own attorney but I also give them information about the bankruptcy that is publicly available (for example, I verify that a bankruptcy has been filed, whether it's a Chapter 7 or a Chapter 13, the date the case was filed) and I inform them that the bankruptcy stay is in effect as to creditors. This is not a violation of the attorney-client privilege. I do inform my clients except about routine contacts from creditors.
Answered on Dec 19th, 2016 at 6:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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We don't know who initiated the call. If your ex called your lawyer (after receiving a notice from the court about the Meeting of Creditors) your lawyer could tell him essentially innocuous things, like confirming the date and time of the Meeting, or telling him why your lawyer thinks your ex should be listed as a creditor (present or contingent). Your husband still might be liable on some of your debt, if it is marital debt. Lawyer-client privilege is not absolute. Your lawyer is free to discuss: (a) the identify of his client; (b) the size of the fee; (c) information given him for the purpose of further disclosure (such as all the information in the bankruptcy papers; (d) information he is impliedly permitted to share for the purpose of representing you. There are some others which are not relevant here. There is no indication from what you wrote that your lawyer violated any of the Rules of Professional Responsibility. Good Luck
Answered on Dec 19th, 2016 at 6:03 PM
1 Award
Attorney-Client privilege does not apply to anything that is public record, like the date and time of a hearing. So the answer is no,
Answered on Dec 19th, 2016 at 6:03 PM