Legal Question in Intellectual Property in Massachusetts

Attorney/client priveledge

I RECENTLY MET WITH AN ATTORNEY FOR AN INITIAl consultation AND DIVULGED AN INVENTION THAT I DEVELOPED TO HIM.Is this information protected by attorney/client privledge even though technically i was not a client at that time.I ask because he promised to send me a proposal to retain him as counsel however i haven't heard from him and he continuously avoids my calls.(I''m in the process of obtaining a provisional patent.)Help in Boston


Asked on 7/20/03, 10:51 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Attorney/client priveledge

You'll have to check with your local state bar about the rules on consultations. In our state, even if you don't hire the attorney, while you are consulting there is an attorney-client privilege.

This makes sense because attorneys are required to do "due diligence" to avoid conflicts of interest. There's often no way of knowing about a conflict, if you don't get into the meat of a problem.

So, this is what you do: write a certified letter to this attorney and state very clearly that you expect your confidences to be absolutely protected by the attorney and his staff on the matters you discussed (spell them out). You expect him to notify you immediately if he has recognized a conflict of interest. And, you will nto be hiring him, because he has not given you good service or confidence.

Also, turn off your caps lock!Shouting at lawyers doesn't make them work better! :o))

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Answered on 7/20/03, 1:29 pm


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