Legal Question in Legal Ethics in California
I have an idea for a new tech startup I've been thinking about and decided to go ahead and reach out to a prominent tech startup lawyer in my area for assistance. At his request, I described a high level concept of my idea and a brief description of my background. Since I contacted him I've found out two very important pieces of information, 1) the company I currently work for is developing a concept very similar to mine (that they've paid quite a bit of money for) and 2) the lawyer I reached out to works for a law firm that has done quite a lot of business with my company, and he may have quite a few contacts within my company as well. I don't know, for sure, if he knows what my company is working on, but I wouldn't be suprised if he did.
Are there any legal ramifications with my telling this lawyer the concept I've been thinking about?
2 Answers from Attorneys
I would definitely disclose your employment situation with your attorney. He or his firm may have potential conflict of interest problems. In addition, your employer may have a claim to anything you develop while under their employ. This would be based on several factors and any agreements you may have entered into with them.
I agree with Mr. Kane. You may have a potential conflict of interest problem, and should bring this up with your attorney prior to doing anything else.