If you are dealing with a debt collector, they may use illegal tactics during their collection efforts. Normally, a violation will trigger the provisions of the Fair Debt Collection Practices Act (FDCPA). When this happens you can file a lawsuit to stop the illegal behavior and request damages.

The FDCPA contains a fee-shifting provision. In summary, this provision says that if your case is successful, the debt collector will have to pay your attorney fees. For this reason, many people decide to hire an attorney to handle their case. At the very least, they will seek a consultation with an attorney to determine the strength of their case.

However, you may be hesitant to fully open up to an attorney. It may be that your situation is embarrassing and you prefer others not to know about it. Whatever the reason, understanding the attorney-client privilege may put your mind at ease.

The attorney-client privilege protects most conversations between you and an attorney. Read on to learn more about how the attorney-client privilege works.

Confidentiality and the Attorney-Client Privilege

The attorney-client privilege gives a client (or potential client) confidence that an attorney will keep their conversation confidential. Talking about your debt and the situation surrounding it is a personal matter. As a result, you want to have confidence that when you discuss this sensitive topic with an attorney it remains confidential.

However, it’s important to understand how this privilege works. In the below sections, you will learn when the attorney-client privilege applies to a conversation and when it does not.

What Conversations Does the Attorney-Client Privilege Protect?

The attorney-client privilege is fairly broad. However, it does not cover every type of communication you may have. Here are some answers to common questions about what the attorney-client privilege covers:

• Does the attorney-client privilege only cover things I say in person? No. The attorney-client privilege covers all forms of oral communication, whether over the phone or in person. In addition, it covers any written communication, including letters and emails.
• Is the attorney-client privilege only for clients? No. The attorney-client privilege also extends to potential clients. Even if you decide not to hire the attorney, the attorney-client privilege protects that conversation.

This privilege belongs to you, not the lawyer. That means that even after your professional relationship ends, the attorney must keep your information confidential.

Are There Situations Where the Attorney-Client Privilege Does Not Apply?

Yes. There are certain situations where an attorney does not have to keep your conversation confidential. In the following situations, you do not have the protections of the attorney-client privilege:

• Conversations Not Intended to Be Private. If you did not intend the conversation to be private it is not protected by the attorney-client privilege. For instance, imagine you are at a restaurant with several people, including your attorney. If you decide to talk about your case, the attorney-client privilege does not apply.
• Conversations Not in Their Capacity as an Attorney. For example, if you have a friend who is an attorney, everything you tell them is not bound by the attorney-client privilege. They must be acting in their capacity as a lawyer for the attorney-client privilege to be applicable.
• Ongoing Crime or Fraud. An attorney has a duty to disclose information if it involves your plans to commit a future crime or fraud. In an FDCPA case, your attorney would have to disclose if you told them that you plan to lie under oath in court.

Note: It is not a violation of the attorney-client privilege for an attorney to share information with members of its legal team. Of course, it must be in the course of and for the purpose of representing you.

Conclusion

Debt collection cases can get complicated. This is especially the case if you suffer certain damages you are trying to prove. Hiring an attorney can provide a great advantage. Now you know what type of communication an attorney must keep confidential when you discuss your case with them.

Have additional questions? Contact a consumer rights attorney today to discuss your case. They can answer any question you have about debt collectors and the FDCPA.