The use of tapping by law enforcement authorities may lead to obtaining information that is covered by the defending counsel’s secret. In this respect, the Polish legal system does not provide sufficiently clear regulation. Article 178 of the Code of Criminal Proceedings sets only a prohibition on the hearing of a defending counsel as a witness, regarding the circumstances which he/she learned of in the course of providing legal advice or in conducting the case. This article does not prohibit expressis verbis the use of phone tapping in order to obtain such information, nor does it regulate situations occurring before a court action is instituted against a given person i.e. when the latter takes advice from a barrister before he/she is formally recognized as a defending counsel. An attempt is made in the above paper to justify, through interpretation of legal norms, the fact that obtaining such information is legally prohibited. Also included are suggested amendments to legal provisions which would unambiguously regulate this issue, as well as include the obligation to destroy recordings involving such contents.