Can legal agreement language prevent sharing with attorney?

[chris1028484]

Jurisdiction

Massachusetts

Hello,
A business partner and I jointly put together an agreement for something specific. (Without a lawyer) All other agreements we had were done by lawyers.
In the agreement in question, she put in language that said the agreement can't be shared with anyone else. Is this enforceable or could it be shared with a lawyer or arbitrator if needed?
Thanks!

 

[army judge]

. Is this enforceable or could it be shared with a lawyer or arbitrator if needed?

Probably not, but without specifics I'm only guessing.

 

[chris1028484]

The language is..."Not withstanding any foregoing statements contained herein, the Founders and Members named herein shall not disclose, share, remit or otherwise allow another party to view this agreement"

My thought was that it would have to be (shared) to potentially enforce any of the agreement and that something like this is probably not valid.

 

[adjusterjack]

My thought was that it would have to be (shared) to potentially enforce any of the agreement and that something like this is probably not valid.

True.

And if a party has to litigate the agreement because of an alleged breach, sharing the agreement with an attorney wouldn't make things any worse.

 

[army judge]

The language is..."Not withstanding any foregoing statements contained herein, the Founders and Members named herein shall not disclose, share, remit or otherwise allow another party to view this agreement"

My thought was that it would have to be (shared) to potentially enforce any of the agreement and that something like this is probably not valid.

The time to to balk or quibble about a contract is before signing it.

If you don't understand a contract don't sign it, or take it to your lawyer for precise legal guidance.

 

[flyingron]

Almost any clause that bars someone from obtaining legal review is not going to be upheld when push comes to shove. If you want a non-disclosure, you should craft it a bit better (a lawyer would help) to make it do what you intend it to do. If you want to keep people from obtaining legal assistance, you better reconsider just what it is you're trying to do.