Giving NDA during the interview with lawyer

[quincy]

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.

I never said an attorney should sign a nondisclosure agreement. I said an attorney would not be offended by a potential client asking to have one signed. The attorney would just explain to the clueless potential client that the attorney is already bound by attorney-client privilege.

 

[Zigner]

I never said an attorney should sign a nondisclosure agreement. I said an attorney would not be offended by a potential client asking to have one signed. The attorney would just explain to the clueless potential client that the attorney is already bound by attorney-client privilege.

Fair enough

 

[quincy]

Fair enough

There are better things to be offended by than a person's ignorance of the law or the legal profession.

I think most attorneys have pretty thick hides. With all of the attorney jokes that circulate, they need them.

 

[Taxing Matters]

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.

I suppose there might be an attorney out there who would be offended by a client asking for that; I wouldn't be nor would any attorney I know be offended by that either. I've had prospective clients ask about that and I don't get offended. Confidentiality is, after all, a legitimate concern for prospective clients and I don't expect them to know the rules of professional conduct. So, instead of chasing them off, I explain that the rules of professional conduct already mandate that I keep client AND prospective client information confidential.

You've had experience with an attorney who got ticked off by a client asking for a confidentiality agreement? As a client that would be a huge red flag of an attorney I'd not want to hire.

 

[LdiJ]

I suppose there might be an attorney out there who would be offended by a client asking for that; I wouldn't be nor would any attorney I know be offended by that either. I've had prospective clients ask about that and I don't get offended. Confidentiality is, after all, a legitimate concern for prospective clients and I don't expect them to know the rules of professional conduct. So, instead of chasing them off, I explain that the rules of professional conduct already mandate that I keep client AND prospective client information confidential.

You've had experience with an attorney who got ticked off by a client asking for a confidentiality agreement? As a client that would be a huge red flag of an attorney I'd not want to hire.

I have met a few attorneys in my lifetime that have very short tempers. One of them was married to my aunt. He and his brothers and his father were all attorneys and they all had short tempers. I have met a few others as well. I will admit however that the majority of the attorneys that I have known have not had short tempers.

 

[Taxing Matters]

I have met a few attorneys in my lifetime that have very short tempers. One of them was married to my aunt. He and his brothers and his father were all attorneys and they all had short tempers. I have met a few others as well. I will admit however that the majority of the attorneys that I have known have not had short tempers.

I think it's pretty much the case in any profession or occupation that you are likely to find some with short tempers. However, attorneys that display their short tempers to their clients often end up with former clients, assuming that the client has a choice of attorneys (persons with appointed counsel might be stuck with the hot headed lawyer). I've known lawyers that are quite nice to their clients but display their tempers to their staff, family or whomever. Moreover, what triggers the display of temper varies from one person to the next. I don't see a request for confidentiality triggering rage from the vast majority of lawyers, even those whom I know to be short tempered. Now, maybe if the prospective client kept up making repeated requests for it to the point of being annoying that might trigger some tempers...even among otherwise mild mannered attorneys.

 

[quincy]

I think it's pretty much the case in any profession or occupation that you are likely to find some with short tempers. However, attorneys that display their short tempers to their clients often end up with former clients, assuming that the client has a choice of attorneys (persons with appointed counsel might be stuck with the hot headed lawyer). I've known lawyers that are quite nice to their clients but display their tempers to their staff, family or whomever. Moreover, what triggers the display of temper varies from one person to the next. I don't see a request for confidentiality triggering rage from the vast majority of lawyers, even those whom I know to be short tempered. Now, maybe if the prospective client kept up making repeated requests for it to the point of being annoying that might trigger some tempers...even among otherwise mild mannered attorneys.

The attorneys I know save their anger for situations that would make a person in any occupation angry (anger at another kid abused, another drunk driver killing a family, another cop shot).

But taking offense at a would-be-client's request for a signature on an NDA? No.

 

[cbg]

I can't help wondering what the OP has to discuss that an attorney would find novel enough to discuss with anyone else, rather than just all in a days work that he'd forget 20 minutes after the OP left the room if there was no contract signed.

 

[LdiJ]

I think it's pretty much the case in any profession or occupation that you are likely to find some with short tempers. However, attorneys that display their short tempers to their clients often end up with former clients, assuming that the client has a choice of attorneys (persons with appointed counsel might be stuck with the hot headed lawyer). I've known lawyers that are quite nice to their clients but display their tempers to their staff, family or whomever. Moreover, what triggers the display of temper varies from one person to the next. I don't see a request for confidentiality triggering rage from the vast majority of lawyers, even those whom I know to be short tempered. Now, maybe if the prospective client kept up making repeated requests for it to the point of being annoying that might trigger some tempers...even among otherwise mild mannered attorneys.

I was kind of viewing the OP as potentially being in that category. He seemed to be ignoring the advice he was getting.

 

[quincy]

Not "ignoring" as much as not understanding what was being said.

 

[LdiJ]

Not "ignoring" as much as not understanding what was being said.

I dunno, it was said enough time in enough different ways that it would have been almost difficult to NOT understand. At least that was my impression when reading the thread.

 

[quincy]

Possibly.

I don't think the attorneys he sees would be offended either way.