QUESTION
How to protect an idea from my attorney?
Asked on Sep 26th, 2012 on Intellectual Property - New York
More details to this question:
I have a business idea, a company based from a website, and from what I know the idea is original. Though I've taken no legal action to bring my idea to life. I'm not incorporated, nor do I have a copyright or trademark (yet). These are the things I'd like to plan with the help of my attorney.
I'd like to go to an attorney to know what the best course of action is for this particular business, but the idea is somewhat unique... in that there'd be nothing stopping the attorney from taking the IP for him or herself (that may seem unlikely but my idea has serious potential).
So my question is, what can I do (if anything) to guard my idea, so I can intricately break it down with my attorney without worrying about idea theft.
I do not wish to spend any money without discussing my plan with an attorney, so I need a virtually free way to protect my IP from my attorney until trademark and copyright plans can be made.
3 ANSWERS
If your attorney were to break his fiduciary duty to you in such a manner you could have is license to practice taken away from him No sane attorney would steal his client's intellectual property that has been intrusted to him.
Answered on Sep 27th, 2012 at 2:25 PM
I think Mr. Doland's comment is exactly right. You need an attorney you trust - and they'd be subject to professional discipline were they to do anything like what you suggest.
Answered on Sep 27th, 2012 at 1:59 PM
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Protecting an idea independent of patent, trademark, copyright is not possible. You could consider a non-disclosure agreement, but lawyers are bound by two things more stringent than an NDA - one is the attorney client privilege and the other is "fiduciary duty." Get a recommendation for an honest attorney you can trust as opposed to trying to do this yourself.
Answered on Sep 27th, 2012 at 11:48 AM