As a legal professional, an attorney-client relationship is built on trust and confidentiality. Attorneys are obligated to keep all information shared by their clients confidential, and this is achieved through the use of attorney confidentiality agreements.
An attorney confidentiality agreement is a legal document that outlines the terms and conditions under which an attorney will keep the information shared by their client confidential. Generally, the agreement prohibits the attorney from disclosing any information about the client or the legal matter without the client`s express permission.
A confidentiality agreement is typically included in the engagement letter that a client receives from their attorney at the beginning of a legal matter. This letter outlines the scope of legal services to be provided and the fees involved. It also serves as a contract between the attorney and the client.
Below is a sample attorney confidentiality agreement:
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (“Agreement”) is entered into by and between ______________________ (Client) and ______________________ (Attorney) (“Recipient”).
Recitals:
1. Client has retained Attorney to provide legal services in connection with ________________________.
2. In connection with the legal services to be provided, Client may disclose certain confidential information to Attorney.
3. To protect the confidentiality of such information, Client desires to execute this Agreement.
Agreement:
1. Confidential Information Defined. “Confidential Information” includes any and all information, whether oral or written, that is disclosed by Client to Attorney, or by Attorney to Client, and relates to the legal matter for which Attorney is retained.
2. Obligations of Confidentiality. Recipient agrees to hold all Confidential Information in strict confidence and not to disclose any such information to any third party without Client`s prior written consent.
3. Exceptions. Recipient`s obligations of confidentiality shall not apply to any Confidential Information that: (a) was already in Recipient`s possession prior to disclosure by Client; (b) is or becomes generally available to the public other than as a result of Recipient`s breach of this Agreement; (c) is required to be disclosed by law or court order; or (d) is disclosed on a confidential basis to Recipient`s employees or agents who have a need to know such information in connection with providing legal services to Client.
4. Remedies for Breach. Recipient acknowledges that a breach of this Agreement may cause irreparable harm to Client and that Client shall be entitled to seek injunctive relief, in addition to any other remedies available at law or equity, to enforce the provisions of this Agreement.
5. Term. This Agreement shall remain in effect for the duration of the attorney-client relationship and for five (5) years thereafter.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of ______________________.
7. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
______________________
Client
______________________
Attorney
An attorney confidentiality agreement is an essential tool for protecting the rights of both the attorney and the client. It ensures that confidential information remains confidential and can prevent the disclosure of sensitive information that may cause harm to the client. As such, it is important to ensure that the agreement is comprehensive and tailored to the specific legal matter at hand.