Attorney/client privilage

[ronaldk]

I am wondering if I am having the right thoughts here, our attorney, and our mortgage broker are friends, we have been talking to this broker about getting a mortgage sometime down the road and what we would need to do to obtain one, well we decieded after we are discharged we would have him run the numbers to see were we stand, after the problems with the stay being lifted, we called him (the broker) to see what additional problems it would cause and he already knew about it, our attorney had called and told him everything, what I need to know is, is this a violation of our client/attorney privilage? And if so what should I do about it? Anything? I really wanted to call and ask him about it, but just incase we still need him I hesitate to say anything now? We pulled our fico scores last night and they aren't bad, for everything we have gone through, just a few points off 600, I'd like higher, but for now we're pleased. Will they go higher right after we are discharged? And then fall? We have done lots of clean-up all ready and for our mortgage, it is showing IIB, not foreclouser, and it also shows no late payment, we were blessed with that, and actually it isn't even showing on one of the credit reports, sometimes I feel like they have no idea what they are doing, best get off to work, another new experience for me.
Thanks
Nancy

[lrprn]

... we called him (the broker) to see what additional problems it would cause and he already knew about it, our attorney had called and told him everything, what I need to know is, is this a violation of our client/attorney privilage? And if so what should I do about it?

Yes, I would think this is a violation of attorney/client confidentiality, especially since the broker friend can benefit financially from the information shared. I would first talk to your lawyer about it - don't start out blaming or pointing fingers, just ask why he shared this information with your broker.

If you do feel like your lawyer has violated client onfidentiality (and personally I believe he did), then you can report your lawyer to your state's lawyer oversight board. Look here to find out who to contact in your state along with all the necessary contact information - http://www.nbtanet.org/public/discipline/index.shtml

[HHM]

It may depend on how you approached the broker, did you tell your broker that this attorney was you BK attorney...if so, the broker may have interpreted your instructions as an "ok" to speak with the attorney to get some information.

In any event, you're not really harmed by it.