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While searching for the best lawyer for my startup, I gave one of them some documents that I'd like to be returned. No letter of engagement was never signed with this lawyer/law firm. I know I can just ask for them back but I'd like to make sure he doesn't keep copies of them. What's the industry standard? I'd like to know what my options are?

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Write him a nice letter and ask him to return the documents and to destroy any copies that may exist.

He should comply simply as a matter of professional courtesy, but as an attorney, he must comply unless there are unusual circumstances (e.g., he would need the document for a fee dispute or the documents relate to a crime).

Are there any reasons that you think he might not comply? If so, please add those to your question.

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The documents contain proprietary information. One possibility is he might give them to a competitor. No work has been done for us. We were going to hire him but decided not to. But we also don't have an NDA with him. – James Jul 26 '11 at 0:32
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An NDA is not required. If the lawyer did anything improper (and sharing the document with a competitor definitely qualifies), they could lose their entire practice. So don't worry about it. – Alain Raynaud Jul 26 '11 at 1:05
You are all set. Would be a big breach of legal ethics if he were to share the documents with anyone. – user6603 Jul 26 '11 at 13:17

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