Legal Question in Intellectual Property in Florida

Re: documents mailed prior to meeting

Did the attorney ask you to send sensative/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, and if you send by email, I would mark them "ATTORNEY-CLIENT PRIVILEGE ASSERTED". 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 (no charge). You can reach me at [email protected]. I wish you the best of luck with your project!

Regards,

Sarah