Does an NDA create an attorney-client relationship?

On its own, no. A well-drafted NDA explicitly disclaims formation of an attorney-client relationship and limits the scope to the conversation it covers.

Should the NDA survive the engagement?

Yes, but for a defined period. Most law-firm NDAs survive 3-7 years post-engagement, longer for trade-secret material that retains commercial value.

Do experts need their own NDA?

Yes. Experts should sign before reviewing case material, with clear language on whether they're acting as a consulting expert (privileged) or testifying expert.

Non-Disclosure Agreement for Attorneys

NDAs for law firms and solo attorneys.

Engage prospective clients, co-counsel, and experts with confidentiality terms that work alongside attorney-client privilege rather than fighting it.

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Most attorney NDAs are signed before a representation exists, for prospective clients, co-counsel pitches, or expert vetting. They need to protect the conversation without prematurely creating an attorney-client relationship or stepping on existing privilege.

Why attorneys need a non-disclosure agreement

Pre-engagement confidentiality protects intake conversations.
Carve-outs preserve later conflict-checks without breaching the NDA.
Co-counsel and expert sharing needs explicit permitted disclosures.

Common scenarios

Prospective-client intake

Cover the initial conversation about facts and strategy without forming an attorney-client relationship.

Co-counsel pitches

Sharing case strategy with another firm during co-counsel evaluation, before any engagement letter exists.

Expert witness vetting

Confidential disclosure of case facts to potential experts during selection, with clear consulting-vs.-testifying boundaries.

Clauses to pay attention to

Conflict-check and intake carve-out

Co-counsel permitted disclosures

Survival period (case-aware)

Return or destruction of materials

Common questions

Does an NDA create an attorney-client relationship?: On its own, no. A well-drafted NDA explicitly disclaims formation of an attorney-client relationship and limits the scope to the conversation it covers.
Should the NDA survive the engagement?: Yes, but for a defined period. Most law-firm NDAs survive 3-7 years post-engagement, longer for trade-secret material that retains commercial value.
Do experts need their own NDA?: Yes. Experts should sign before reviewing case material, with clear language on whether they're acting as a consulting expert (privileged) or testifying expert.

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