The Non Disclosure Agreement Between Lawyer And Client is a crucial document in Australian legal practice that formalizes the confidentiality obligations inherent in the lawyer-client relationship. It should be used at the commencement of any legal service engagement to protect sensitive client information, maintain legal professional privilege, and ensure compliance with the Legal Profession Uniform Law and related regulations. This document is particularly important when handling sensitive commercial matters, personal information, or cases involving intellectual property. It includes specific provisions for data protection, information handling protocols, and permitted disclosures under Australian law, while acknowledging the special nature of legal professional privilege. The agreement serves both as a practical tool for managing confidential information and as a demonstration of the lawyer's commitment to professional obligations under Australian legal practice standards.
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1. Parties: Identification of the lawyer/law firm and the client, including full legal names and contact details
2. Background: Context of the legal services relationship and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Legal Services', 'Legal Professional Privilege', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the lawyer-client relationship
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Legal Professional Privilege: Specific provisions regarding legal professional privilege and its preservation
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and court orders
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Information: Procedures for handling confidential information upon termination
10. Term and Termination: Duration of the agreement and survival of obligations
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Additional provisions for when third parties (such as external counsel or experts) may need access to confidential information
2. International Transfers: Required when confidential information may be transferred across borders
3. Intellectual Property: Specific provisions regarding IP rights in confidential information, particularly relevant for technology or innovation-related legal matters
4. Data Privacy Compliance: Additional privacy obligations when handling personal or sensitive information
5. Conflict Resolution: Specific dispute resolution procedures for confidentiality breaches
6. Insurance Requirements: Specific insurance obligations related to confidential information handling
7. Client Group Companies: Extended provisions when the client is part of a corporate group
1. Schedule 1 - Scope of Legal Services: Detailed description of the legal services being provided under which confidentiality applies
2. Schedule 2 - Security Protocols: Specific security measures and protocols for handling confidential information
3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for additional parties who may need to access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Financial Services
Healthcare
Technology
Mining and Resources
Real Estate
Manufacturing
Professional Services
Retail
Education
Government and Public Sector
Telecommunications
Construction
Energy
Agriculture
Relevant Teams
Legal
Compliance
Risk Management
Corporate Governance
Executive Leadership
Human Resources
Operations
Administration
Information Security
Data Protection
Relevant Roles
General Counsel
Legal Director
Corporate Lawyer
Partner
Associate Lawyer
Legal Operations Manager
Compliance Officer
Risk Manager
Company Secretary
Chief Legal Officer
Senior Counsel
Legal Administrator
Practice Manager
Chief Executive Officer
Chief Financial Officer
Human Resources Director
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