Sample Engagement Letter: Fill & Download for Free

US perspectiveThere is no need to ask a patent lawyer to sign an NDA before disclosing your potentially patentable invention (or to have any other lawyer sign an NDA before discussing a matter).I blogged about this issue several years ago. Quoting Why Your Lawyer Need Not Sign an NDA (which discusses California law and rules, but should apply to other states, as well):Once in a while, when I send an engagement letter, the prospective client wants to add confidentiality provisions to protect its trade secrets. The following is the explanation that I provide as to why such provisions – let alone a separate nondisclosure agreement (NDA) – are not required in an attorney’s engagement letter.California Business and Professions Code Section 6068 specifies the fundamental obligations of an attorney. Subsection (e)(1) states that each attorney must “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.” (Emphasis added.) Attorneys in other states have similar obligations.This standard is much more stringent than the obligations set forth in the typical NDA. See, for example, the Sample Mutual and Unilateral NDAs available as Free Downloads using the Sign Up button in the sidebar.Interestingly, the attorney’s obligation to maintain client confidences may arise even if no attorney-client relationship is created! The State Bar of California’s Formal Opinion No. 2003-161 states this situation can occur if “the attorney's words or actions induce in the speaker a reasonable belief that the speaker is consulting the attorney, in confidence, in his professional capacity to retain the attorney or to obtain legal services or advice.” (Emphasis added.)

A lawyer does not need to sign a confidentiality agreement with a client. A lawyer’s confidentiality obligations are much more stringent that those in the typical NDA.Indeed, I blogged abut this very point several years ago!Quoting Why Your Lawyer Need Not Sign an NDA:Once in a while, when I send an engagement letter, the prospective client wants to add confidentiality provisions to protect its trade secrets. The following is the explanation that I provide as to why such provisions – let alone a separate nondisclosure agreement (NDA) – are not required in an attorney’s engagement letter.California Business and Professions Code Section 6068 specifies the fundamental obligations of an attorney. Subsection (e)(1) states that each attorney must “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.” (Emphasis added.) Attorneys in other states have similar obligations.This standard is much more stringent than the obligations set forth in the typical NDA. See, for example, the Sample Mutual and Unilateral NDAs available as Free Downloads on the Downloads page.Interestingly, the attorney’s obligation to maintain client confidences may arise even if no attorney-client relationship is created! The State Bar of California’s Formal Opinion No. 2003-161 states this situation can occur if “the attorney’s words or actions induce in the speaker a reasonable belief that the speaker is consulting the attorney, in confidence, in his professional capacity to retain the attorney or to obtain legal services or advice.” (Emphasis added.)

In some cases, ICAI provides a sample format of key audit documents like MRL, engagement letter etc.There is one standard issued by the ICAI on audit documentation you can refer that to under the audit documentation.Standard on Auditing (SA) 230, “Audit Documentation” is an important standard which lays down the basic principles of audit documentation. These principles need to be kept in mind by auditors while complying with requirements of SA 230 and specific documentation requirements of other Standards on Auditing.