Giving NDA during the interview with lawyer

[Pipan]

Jurisdiction

Texas

Okay, I read that you should not give an NDA to your lawyer to sign (link), 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


Pipan

 

[adjusterjack]

Check with the state Bar. I think you will find that an attorney has to keep your stuff confidential even if you don't hire him.

 

[Pipan]

Check with the state Bar. I think you will find that an attorney has to keep your stuff confidential even if you don't hire him.

Thank you adjusterjack

 

[zddoodah]

I read that you should not give an NDA to your lawyer to sign (link), and I am not going to argue that.

I took a quick look at the article to which you linked. It does not say what you wrote -- i.e., it does not advocate that a client or potential client "should not give an NDA to [his/her/its] lawyer to sign." Rather, it explains that NDAs between lawyers and clients are not necessary because of the duties already owed by lawyers to clients and potential clients (something I agree with, FWIW). It also asserts that, "in the context of engaging and consulting with an attorney, an NDA can be a detriment to both parties," but it doesn't explain why. While I generally agree with the article, it makes one glaringly wrong and dangerous statement: "everything you disclose to your attorney in the course of the attorney-client relationship is protected by the attorney-client privilege and is not admissible as evidence in a court of law." That is absolutely and unequivocally wrong. Facts are never protected by the attorney-client privilege. The attorney-client privilege protects only communications, and this is a critical distinction in the context of the article.

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?

While you may never enter into a contract with a particular attorney, if you are consulting with an attorney for the purpose of possibly retaining him/her to represent you, the attorney will owe you the same duties that a lawyer you actually hire will owe you.

 

[Tax Counsel]

Facts are never protected by the attorney-client privilege. The attorney-client privilege protects only communications, and this is a critical distinction in the context of the article.

Facts are not protected by the attorney-client privilege. The privilege is a rule of evidence and in that light is somewhat narrow. But attorneys are also required to follow the much broader rule of client confidentiality that every state has in their rules of professional conduct. That rule does indeed protect facts as well as communications, with some exceptions provided in the rules. The two rules together provide the client with a high degree of confidentiality.

 

[army judge]

Facts are not protected by the attorney-client privilege.

Despite what the talking heads might say regarding convicted felon, admitted prevaricator, soon to be federal prison inmate, Michael Cohen.