Frequently asked questions about Legal Support regarding Non-Disclosure Agreements
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Legal Support is always important when granting a Non-Disclosure Agreement. Information concerning the need for a Lawyer and the type of intervention, or knowing the applicable law, are always factors to be taken into account.
01 - Should I always use a lawyer's services to sign a non-disclosure agreement (NDA) with a client?
It is not mandatory to use a lawyer's services in order to sign a non-disclosure agreement (NDA), however, this opportunity may eventually give more confidence to those who propose the agreement in the sense of having a full understanding of what is written. The non-disclosure agreement that Red Horse-NDA provides is a document written by lawyers concealing a high degree of quality and capacity to ensure total security to the contracting parties so complying with it literally may be sufficient. However, referring to a lawyer you trust in order to be more aware of what you are proposing is never too much.
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02 - How important is the presence of a lawyer when signing a non-disclosure agreement (NDA)?
The presence of a lawyer when signing a non-disclosure agreement is very relative since if the terms laid down in the non-disclosure agreement to be signed, especially the document provided by Red Horse-NDA, are literally complied with and no changes or amendments are proposed, this should be enough for the parties to be duly protected by the agreement. A lawyer may eventually be important to clarify doubts that persist or even draft small changes or last-minute adjustments.
To learn more about non-disclosure agreements, refer to more frequently asked questions about non-disclosure agreements.
03 - Is it mandatory that both lawyers be present when signing a non-disclosure agreement (NDA)?
As mentioned above, the presence of one or more lawyers when signing a non-disclosure agreement is not an indispensable condition for everything to run normally. However, if one of the parties is represented or accompanied by a lawyer, it is advisable that the other party does the same because most often are conversations between lawyers far more advantageous than those held between the lawyer and the opposing party, besides naturally boosting more confidence to the contracting parties.
04 - How is mediation carried out when there is a problem with the non-disclosure agreement (NDA)?
Mediation in a possible conflict under a non-disclosure agreement has essentially three major hypotheses. First, the parties should per se try to find common ground. Then, and if that is not possible, they should seek lawyers to represent them with a view to reach the consensus which they failed to obtain in the first instance in a more cold, distant and calculating manner. If a consensus is still not possible, then only in court and in the course of a lawsuit can that be achieved. Moreover, in this respect, depending on the jurisdictions and their legal proceedings, most procedural laws provide for a hearing during the case to seek a friendly outcome for the problem.
05 - Who can draw up a non-disclosure agreement (NDA)?
Anyone can draw up a non-disclosure agreement (NDA), but due to the legal complexity and knowledge of substantive law implied, it is clear that non-disclosure agreements are drawn up by lawyers in order to effectively ensure and guarantee confidentiality rights.