Credit reports are generally available to several parties, including attorneys. Your credit report contains sensitive information about your financial history, your work history and in some instances, even your legal history. There are a variety of ways an attorney can go about accessing your credit report, whether the attorney is someone you hired or is working for another party.
Representation
When you hire an attorney to represent you on a non-contingent basis, legal fees can accumulate quickly, and your attorney may require some type of assurance that you will be able to pay your bill. Generally attorneys request a retainer for this purpose, but it is acceptable for an attorney to check your credit history provided that she disclose this to you in person.
Who Can Check a Report
The following entities can legitimately request your credit report: anyone considering granting you credit; landlords; insurance companies; employers, with your consent; anyone considering your application for a government license; child support enforcement agencies; any government agency and anyone with a legitimate business need. Attorneys fall under the category of those with a legitimate business need provided that they have agreed to represent you.
By Subpoena
Your credit report can also be provided to other attorneys if they subpoena the report as a matter of official business. Under the rules of discovery an attorney is allowed access to any material that is calculated to lead to admissible evidence. If your credit, or any of the information on your credit report, is related to a matter being litigated the opposing attorney can likely subpoena that information. If you are uncomfortable with exposure of your credit history you should ask your attorney to object to the discovery request.
What to Do
Because so many agencies and individuals are allowed to access your credit report, it is important to maintain good credit and to routinely remove non-vital information such as prior addresses and employers from your report. You want to limit the amount of information that is available about you so that your privacy is safeguarded and organizations are not given more information than they need. Financial websites, including the Federal Trade Commission, can provide more information about maintaining a good credit score and a strong credit report (see Resources).
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