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Giving NDA during the interview with lawyer

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Pipan

Active Member
What is the name of your state? Austin, TX

Okay, I read that you should not give an NDA to your lawyer to sign, and I am not going to argue that. Assuming that it is a valid point, in my case I am going to interview a few lawyers to see who is a better fit to hire, and I am going to work with only one of them. In that case, because I don't go with the rest of the lawyers they are not going to have attorney-client contract, and so are those lawyers not bound to lawyer-client rules, and therefore can disclose my idea? If the answer is yes, then I need to give all an NDA to sign.

Please let me know what you think. Thank you
 


doucar

Junior Member
No, attorney confidentiality is not dependent upon a written contract with the attorney, it is part of the attorneys ethical obligation.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state? Austin, TX

Okay, I read that you should not give an NDA to your lawyer to sign, and I am not going to argue that. Assuming that it is a valid point, in my case I am going to interview a few lawyers to see who is a better fit to hire, and I am going to work with only one of them. In that case, because I don't go with the rest of the lawyers they are not going to have attorney-client contract, and so are those lawyers not bound to lawyer-client rules, and therefore can disclose my idea? If the answer is yes, then I need to give all an NDA to sign.

Please let me know what you think. Thank you
You phrased your question as a statement...but I know what you are asking.

The answer (to the properly phrased question) would be "no". The attorney cannot disclose items that are discussed even if you don't hire them. Had you read the (now removed) article that you linked to, you'd have reached the same conclusion.
 
Last edited by a moderator:

quincy

Senior Member
What is the name of your state? Austin, TX

Okay, I read that you should not give an NDA to your lawyer to sign, and I am not going to argue that. Assuming that it is a valid point, in my case I am going to interview a few lawyers to see who is a better fit to hire, and I am going to work with only one of them. In that case, because I don't go with the rest of the lawyers they are not going to have attorney-client contract, and so are those lawyers not bound to lawyer-client rules, and therefore can disclose my idea? If the answer is yes, then I need to give all an NDA to sign.

Please let me know what you think. Thank you
Attorney confidentiality should protect all that you disclose to the attorneys you consult. You should not be concerned.
 

Pipan

Active Member
Okay then. Everyone says that I do not need an NDA. Okay, so because I called the lawyer to make the interview meeting in (not emailed to have a proof that I am seeing him) in coffee shop, I may have to put it in writing as well in case I do not hire him. :geek:

Thanks all.
 

Zigner

Senior Member, Non-Attorney
Okay then. Everyone says that I do not need an NDA. Okay, so because I called the lawyer to make the interview meeting in (not emailed to have a proof that I am seeing him) in coffee shop, I may have to put it in writing as well in case I do not hire him. :geek:

Thanks all.
Huh?
Did you not read your own link and all the responses?
 

quincy

Senior Member
Okay then. Everyone says that I do not need an NDA. Okay, so because I called the lawyer to make the interview meeting in (not emailed to have a proof that I am seeing him) in coffee shop, I may have to put it in writing as well in case I do not hire him. :geek:

Thanks all.
No. The attorney is bound by attorney-client privilege even if you do not hire the attorney. With or without a contract, there is confidentiality.
 

LdiJ

Senior Member
No. The attorney is bound by attorney-client privilege even if you do not hire the attorney. With or without a contract, there is confidentiality.
I would even add that you might offend some lawyers putting anything like that in writing. Their ethical standards are important to them. They might choose not to work with you if they believe you are questioning their ethics.
 

quincy

Senior Member
I would even add that you might offend some lawyers putting anything like that in writing. Their ethical standards are important to them. They might choose not to work with you if they believe you are questioning their ethics.
Not really. I can't believe any attorney would be offended by a potential client's request to have a confidentiality agreement signed.

Most people do not understand that attorney-client privilege extends to conversations with an attorney about a legal matter even if there is no contract. An attorney would have no issue explaining this to someone.
 

LdiJ

Senior Member
Not really. I can't believe any attorney would be offended by a potential client's request to have a confidentiality agreement signed.

Most people do not understand that attorney-client privilege extends to conversations with an attorney about a legal matter even if there is no contract. An attorney would have no issue explaining this to someone.
You have your personal opinion, I have mine.
 

Zigner

Senior Member, Non-Attorney
Not really. I can't believe any attorney would be offended by a potential client's request to have a confidentiality agreement signed.

Most people do not understand that attorney-client privilege extends to conversations with an attorney about a legal matter even if there is no contract. An attorney would have no issue explaining this to someone.
The simple request shouldn't be a problem. Further insistence might be...
 

Zigner

Senior Member, Non-Attorney
Really?

I don't know any attorney who would be offended by a clueless potential client wanting a confidentiality agreement signed.
The (now deleted) link the OP posted was an article written by an attorney addressing the matter. In essence, it stated that an NDA was not required and suggested that attorneys should avoid signing them.
 
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