Re: sensitive documents mailed prior to first meeting

If you are seeking advice from the attorney or the you or seeking to possibly retain the attorney, the NDA is unnecessary, since your conversation and information is protected by the much stronger confidentiality, the attorney-client privilege.

However, you should seek to clarify the attorney's role. If he's acting as "mentor" or non-attorney "advisor," then you should have him sign the NDA.

Re: sensitive documents mailed prior to first meeting

The attorney must treat the information as attorney client information and may not disclose to anyone. Also, I suspect that if you asked him (or any attorney) to sign anything in connection with the free consult, they would cancel the free consult.

Re: sensitive documents mailed prior to first meeting

Did the attorney ask you to send sensitive/confidential information prior to meeting with you for a free consultation? It makes sense that the attorney might want to review the documents prior to your meeting in order to give you a meaningful opinion during your meeting. However, I am not sure the attorney would be willing to spend any significant time reviewing the documents prior to agreeing on his/her fees.

The attorney-client relationship is technically formed when the attorney agrees to take your case, and you agree to his fee/retainer schedule. But, communications made in contemplation of the attorney-client relationship are also protected as long as the communications are only between the attorney and the potential client [that just makes sense because attorneys and potential clients need talk about substantive issues in initial consultations].

I am inclined to give the attorney the benefit of the doubt here. S/he knows that the documents are confidential (legal staff excepted). It certainly doesn't hurt to mark them "CONFIDENTIAL" anyway. You could also ask the attorney to sign an NDA (s/he likely has a standard form on file). Normally, I wouldn't suggest an NDA with an attorney, but if he is also an entrepreneur in the same industry, it may be a good idea just for extra security.

If you have any further questions, I will be happy to answer them. You can reach me at sarahgrossejd@hotmail.com. I wish you the best of luck with your project!

Regards,

Sarah