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I've seen quite a few discussions on non-disclosure agreements, but not really for when you are approaching a potential lawyer to work with. Yet, I was advised by a friend to bring a NDA, the first time I meet the lawyer to discuss our eventual future work together. I was slightly surprised since I thought there's attorney-client confidentiality, but, I guess I won't really be a client yet, so here are my questions:

1) Do I really need a NDA for that first meeting? And if yes, what about the next ones -- at what point does the attorney-client confidentiality begins?

2) How much of the startup idea is it safe to discuss during a first meeting?

A bit of additional info: at this point, I'll need the lawyer mostly to make sure I've properly filled out documents and checking my TOS. Nothing "major". And, in case it matters, the plan is to launch the initial version of the service in January.

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You can ignore this and all future advice from that friend. – TimJ♦ Dec 2 '11 at 15:49

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If you are consulting an attorney about possibly hiring that attorney, then the attorney-client privilege starts immediately and the attorney is obligated to keep everything in confidence. You don't need an NDA and many attorneys would refuse to sign one.

In terms of what you need to disclose, disclose everything the attorney needs to know to do the work for you but no more. You never know what could happen: the attorney could be a scoundrel, a hacker could hack his computer systems, his secretary's spouse may work for your competitor, etc.

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To add to your point - most businesses and individuals that you approach as a client will not sign NDAs. NDAs are usually signed under a bit of pressure of withholding work, by contractors and employees. An attorney or an investor couldn't care less if you take your ball and go home - they won't sign your NDA. A job seeker, or a potential partner might. – user2757 Dec 2 '11 at 16:51
Thank you Jeff and Don, your answers are extremely helpful. I thought so too, but wanted to double-check, to make sure I'm not missing something important after what my friend said. – Claudia Dec 4 '11 at 1:38
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There is no reason for a lawyer to sign an NDA in the situation you have described. You should feel free to discuss your ideas in as much detail as you believe will be helpful.

So long as you are consulting the attorney, in confidence, in his or her professional capacity to retain the attorney or to obtain legal services or advice, the attorney is obligated to maintain information that you provide in confidence - and that confidentiality obligation is much stronger than the confidentiality obligations in the typical NDA.

For more on this topic, please see "Why Your Lawyer Need Not Sign an NDA".

Disclaimer: This information does not constitute legal advice and does not establish an attorney-client relationship.

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Thank you Dana. Your blog post is very informative. May I ask you a small additional question? Would there be any case in which I would actually want to have a NDA between me and the lawyer? – Claudia Dec 4 '11 at 1:42
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Not if you are consulting the lawyer under the circumstances described in my answer. However, if you are talking to the lawyer in a non-legal capacity - e.g., as a potential investor - then the fact that the individual is a lawyer is irrelevant, and an NDA can be appropriate. – Dana Shultz Dec 6 '11 at 21:57
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Dana Shultz is 100% correct- I'm a lawyer as well.

Ignore this friend- terrible advice, and the potential lawyer might think you are going to be an extremely difficult and odd client if you ask him/her to sign an NDA.

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