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I'm looking for a VERY basic NDA (Non Disclosure Agreement) to hand over to the other party before engaging in business talks.
I need my idea covered by the NDA so that the other party (namely an attorney) can not run off to his mandates and tell them the idea I had.
DEV.....
I have one somewhere if you haven't already gotten one. However a NDA is only as good as your willingness to enforce it. Having an attorney sign an NDA seems strange to me. Is he your attorney?Quote:
Originally Posted by DEVELISH
If you are discussing this matter with an attorney during the attorney-client relationship, there is an ethical duty to keep your confidences and there is no need for an NDA.Quote:
Originally Posted by DEVELISH
However, if you are discussing a business idea with someone who happens to be an attorney, but you are not employing him as an attorney, then the privilege does not apply and an NDA would not be inappropriate.
So, if you are hiring the guy as your lawyer, he is obligated to not discuss your ideas with anyone. If the attorney has sent you an engagement letter you are 100% sure your discussions are covered by the attorney/client privilege.
If you are talking about a possible business idea, not hiring him as a lawyer but simply as a potential business partner or contact, then privilege does not attach.
Thanks guys for your answers - and I recon that I do not need the NDA since mere talks about a relationship fall under the client privilege, too, even if the attorney declienes the proposed business.
Just thought I'd need a NDA so that the attorney doesn't run off to his other clients telling them "I heared that somebody is doing something this and that way".
An attorney that did that would risk an ethics complaint and license suspension.Quote:
Originally Posted by DEVELISH