When I applied for the Circuit Court of Cook County, Illinois Mortgage Foreclosure Mediation Program the judge appointed a "pro bono civil legal aid provider" (referred to as Baz in the remainder of the post) "in limited capacity to represent Defendant during the Mediation Session." My sole contact at Baz, a "paralegal", requested tax returns, bank statements, and other financial information from me, stating "I have enclosed a checklist of the documents we will need from you to figure out how best to help you.", "Please know that Baz cannot represent you at your mediation unless we have all the documents we are asking for.", and "Once we receive the requested documentation (checklist also attached) we will work to assign you an attorney who will represent you in your upcoming mediation session." Once I submitted the documentation as requested I was appointed a volunteer attorney. I was surprised when during the mediation session Counsel for the Plaintiff pulled out the entire document package I had provided to Baz. The attorney Baz assigned me states that he did not provide that documentation to Plaintiff, that Baz did so.
Although none of my correspondence with Baz specifically used the word privilege, I was under the impression that I enjoyed privilege until such time as I specifically waived it. Did Baz violate privilege by providing Plaintiff with my documents? What recourse do I have? Obviously showing all of my cards to Plaintiff before the first mediation session severely weakened my negotiating position. This disclosure on Baz's part will very likely contribute to me losing my house.
Although none of my correspondence with Baz specifically used the word privilege, I was under the impression that I enjoyed privilege until such time as I specifically waived it. Did Baz violate privilege by providing Plaintiff with my documents? What recourse do I have? Obviously showing all of my cards to Plaintiff before the first mediation session severely weakened my negotiating position. This disclosure on Baz's part will very likely contribute to me losing my house.
