The Why and How about a Prenuptial Agreement

Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.

In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.

What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.

You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.

You can keep property, including property that might later be acquired by inheritance, in one spouses family.

You can limit one spouses liability for the debts of the other spouse.

You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.

You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.

The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.

How do you get a prenup?

The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.

Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.

The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.

Islamic Divorce in New York State

Muslims residing in the State of New York are in a dual situation when it comes to the implementation of family law. On one hand, they are governed by the religious law of Islam, known as Islamic sharia, and on the other hand, the secular family law of the state of New York. To Muslims, the family law of Islam mandates that marriage and divorce among Muslims should be done in accordance with the Islamic sharia, regardless of whether they live in an Islamic or secular country. Civil divorce decrees obtained by secular courts are not recognized by Islamic sharia.

Under Islamic law, a Muslim man may marry a non-Muslim woman, whereas a Muslim woman is prohibited from marrying non-Muslim man. Under these rules, a non-Muslim woman marrying a Muslim man in compliance with Islamic sharia is subject to the rules of Islam in the areas of divorce, child custody and inheritance. In other words, a non-Muslim woman who gets married to a Muslim man in accordance with Islamic sharia, loses custody of her children in case of divorce, or in case the husband dies. Consequently, a non-Muslim woman marrying to a Muslim man is forced, under the rules of Islamic sharia, to surrender custody of her son when he reaches the age of seven, and her daughter at the age of nine. She also prohibited from inheritance. These rules are applied throughout Muslim countries with a system of sharia-based family law in place.

Marriage Contracts in Islamic Sharia
Under the rules of Islamic sharia, the marriage contract should include: (1) names and addresses of the couple; (2) name of the guardian of the bride; (3) names and addresses of two male witnesses; and (4) the amount of mahr, or a promise of money or its equivalent to be given by the husband to the bride. Like any other civil contracts, Islamic marriage contract should be in the form of offer and acceptance by the parties.

Contrary to the popular notion that mahr is dowry; it is not. A dowry is what the wife contributes to her marriage while mahr is an obligation on the husband to pay his future bride. Others call it a gift; it is not a gift either, because mahr is an obligation on the husband and is mandated by the Quran. The Quran calls it sadaq (Quran 4:4). If no stipulation of mahr is provided in the marriage contract, the marriage remains legal and in effect; in such a situation, the “qadi” (judge) will determine the amount of mahr, which remains a property of the wife alone. The amount of mahr can be paid partially: up-front (Arabic, muqaddam), and deferred until divorce or death of the husband (Arabic, muakhar), or it may be prepaid in full before the consummation of the marriage.

Legal Status of the Mahr Provision in Islamic Law
The most important feature of the mahr provision is that one party makes an offer and the other can accept or refuse to accept. It is a financial settlement between the couple in case a divorce occurs or the husband dies. Although, Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride.

In the State of New York, an Islamic marriage contract involving mahr may be considered premarital agreement for a divorce settlement. In legal terms, this is called a concurrence of wills or meeting of the minds of the future husband and his future wife. This also means that each party from an objective perspective engaged in conduct manifesting their acceptance, and a contract was formed when both parties met such a requirement.

The basic rule is that a premarital contract will be interpreted and enforced in accordance with the law of the state in which it was entered into. Thus an Islamic marriage contract signed in Egypt according to the Egyptian law for example, must be interpreted according to the law of Egypt. The Restatement of the Law Second Conflict of Laws 3d, Chapter 8, Contracts, is clear about the law for the state chosen by the parties to a contract. The text of the Restatement reads: “(1) The law of the state chosen by the parties to govern their contractual rights and duties will be applied if the particular issues is one which the parties could have resolved by an explicit provision in their agreement directed to that issue.”

Looking at both academic and case studies in this area of law, this article points the reader in the direction of the current trends in the treatment of mahr in New York State and to address Islamic family law issues relevant to New York State law and the working of its legal system. The mahr provision in an Islamic marriage contract has been interpreted differently in other states. For more information on treatment of mahr in other states, the individual should seek legal advice.

Interpretation of the Mahr in New York State
Muslim men and women assert their Islamic legal rights in American family courts; as a result, Islamic sharia governing their marriages and divorces becomes an important and complicated part of the American legal landscape. This leads to a discussion of court cases involving Muslim marriage and divorce litigations in the State of New York, as well as whether New York courts will enforce the terms of Muslim marriage contracts, mainly the mahr provision.

New York courts have jurisdiction over divorce cases within its territory, with specific focus on premarital contract structured in accordance with foreign laws. And, various state courts have found no public policy prohibition in enforcing such agreements. In New York, a mahr agreement may be interpreted within the context of a contractual obligation.

In Aziz v. Aziz, the couple entered into a mahr agreement which required the payment of $5,032, with $32 advanced and $5,000 deferred until divorce. The New York court ruled that the contract conformed to New Yorks contract requirements, and that “its secular terms are enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” (See Aziz v. Aziz, N.Y.S.2d at 124).

In this case, the husband argued that the mahr agreement provided in the Islamic marriage contract could not be enforced because it was a religious document and was not enforceable as a contract. The wife responded by stating that although the mahr is a religious stipulation; its secular terms can be properly enforced by the court. The court agreed with the wife and ordered the husband to pay the deferred mahr. The court found that the mahr agreement complied with the necessary statutory requirements to be recognized and enforceable as a premarital agreement and held that the secular terms of the mahr agreement were “enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” The court stated that the mahr agreed to by the couple constituted a secular debt of $5,000 and ordered the husband to fulfill the terms of the agreement.

The case was based entirely on another New York of Appeals case of Avitzur v. Avitzur involving a Jewish Ketubah in which a Jewish woman sued for specific performance to force her ex-husband to appear before a Beth Din (Jewish Court). Under Jewish Law, only a man can grant a divorce, or “Get”. Until he does, the woman cannot remarry within the Jewish faith to anybody. Her children will then be considered illegitimate. In order that a “Get” may be obtained, both husband and wife have to appear before the Beth Din. The husband refused to appear, leaving the woman in a state of marital limbo, making her an “agunah.” The New York Court of Appeals found that the Jewish ketubah constituted a valid premarital agreement that could be enforced despite the religious underpinnings of the agreement.

Conclusion
As the second largest religion, and with the number of Muslims immigrating to the United State on the rise, American courts are more frequently looking into Islamic divorce litigations between Muslim couples. Out of respect to Islamic law and culture, American courts attempt to apply certain provisions from Islamic sharia, such as the mahr contract in divorce cases involving Muslim couples. By doing so, American courts risk involving their arguments with gender and economic inequalities between Muslim men and women, leaving Muslim women destitute. The application of mahr agreements in Islamic divorce in the United States prevents women from exercising their rights to equitable distribution of marital assets upon divorce. If the courts need to extend their respect to Islamic law in divorce situations, they should look into whether the wife had a choice in signing the mahr agreement. Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, the Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride. Other states do not regard the mahr to be a premarital contract. Individuals seeking information on the treatment of mahr by other states should seek legal advice from a competent attorney.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

Republishing of this article is hereby granted by the author.

The Seven Deadly Sins Of Divorce

SPEAK OUT OF TURN DURING COURT. Each judge has a system, and that system is their way of maintaining orderliness in their courtroom. Honor the system, or you may damage your credibility with the judge.

#6 ASSUME YOUR SPOUSES SILENCE MEANS AGREEMENT. A woman left her soon-to-be ex-husband a voicemail, telling him she would not sign the Agreed Decree for divorce because its terms were unfair. She requested extra time to file a response. Although her husband did not return her call, she was absolutely certain he would grant her the extra time.

Instead of granting her the extra time, her husband proceeded with forging the womans signature on the Agreed Decree, hoping it would be finalized and he would be able to enforce its unfair terms against the woman.

What is the point of this story? Do not assume your spouses silence means he/she is in agreement with you.

#5 FAIL TO FULLY RETAIN YOUR DIVORCE ATTORNEY. Your divorce case will be fact-intensive and will involve time. Once you get to the half-way point of the divorce process, your attorney will be intricately involved.

Fully retain your attorney, or you may have to find a new attorney, which would set your case back significantly.

#4 USE PROFANITY IN THE COURTROOM. Inside of the courtroom, there is a high level of decorum that the judges bailiff, the judges clerk, and the judge himself will expect you to honor. Refrain from using profanity in the courtroom.

#3 HOLD YOUR CHILD FOR RANSOM. You may have heard of a case like this: Per a Temporary Agreement, mom has custody of her six-year-old son, and dad, who lives out of state, gets him during school breaks and holidays. Everything goes okay until the end of Christmas break, when dad fails to show up at the agreed-upon meeting point to return son to mom. Dad wont return moms frantic phone calls. Dad calls mom the next day, saying son will be living with him, and if she wants to see him again, she will have to agree to new terms.

At the point when dad uttered those words, he committed Contempt of Court. Withholding your child from your spouse in exchange for more favorable terms is against the law and will be punished. Do not hold your child for ransom against your spouse!

#2 DO SOMETHING DRASTIC. Here is a checklist of “drastic” mistakes spouses sometimes make:

Leave a voicemail, or send an e-mail or note to your child, bad-mouthing their mom/dad.

Bribe your child (candy, an X-box 360, etc.) so that the child will tell the judge he wants to live with you.

Hide, or ask a friend to hide, your marital assets.

Hire a friend/co-worker to spy on your spouse.

Forge signatures/documentation.
When in doubt about the proper action, always ask your divorce attorney.

#1 LIE TO THE JUDGE WHILE UNDER OATH.

The Four Pillars Of Financial Intelligence

You would think it would be easy to get people to admit that they want to be rich and then take action, wouldn’t you? But no, people are very worried about firstly admitting they want to be wealthier, and then very fearful of taking action. So, as a Wealth Coach, I usually prefer to talk about Financial Intelligence rather than Wealth Creation.

In order for people to get excited enough to make the leap and join The Money Gym, we have to talk about becoming a millionaire, and the millionaires we have helped create, because most people can’t often be bothered for anything less.

Unless there are guaranteed results and they are big and compelling enough, people often don’t want to pick up a book turn off the tv, go to workshops and learn anything new, certainly not for anything less than millions. And they want it quick too!

Really, Wealth Creation and Financial Intelligence are very similar animals, but Wealth Creation needs to be underpinned by Financial Intelligence, otherwise the wealth will go the way of the wealth of most lottery or competition winners up the Swanee, spent on fast cars, big houses, champagne and very unsuitable companions!

Actually I just described my old age, if you add in long holidays in the caribbean, purple velour shell suits, with lurid hair to match, lots of bling and unfeasibly high gold sandals.

However, rather than my frittering away my kids inheritance, my old age will be funded from ever renewing wealth, because I will have finally graduated in Financial Intelligence 101 by then.

I’ll come back to the kids inheritance later.

How can you train your brain to think in a Financially Intelligent manner? I like to think of Financial Intelligence as a platform on which you build your wealth. And like any platform, it needs to have a sturdy support, which I think of as….The Four Pillars of Financial Intelligence .

PILLAR ONE

Pillar One is “Managing Your Mind” where you discover where you are now financially, your family history with money, where your beliefs, behaviours and attitudes to money have often come from.

Then you must look at your abundance versus your scarcity thinking and learn how to monitor that carefully because that old scarcity thinking will pop up when you least expect it.

Whenever you find yourself thinking “I can’t afford it” then you need to beware! You are getting into the wrong mind set and closing yourself off to ideas.

Think instead “how could I afford it?”

PILLAR TWO

Pillar Two is “Managing Your Money” and covers budgeting, cashflow management and projections, credit management and debt busting. Knowing the difference between good debt and bad debt (and if you don’t know the difference then you need to read “Rich Dad Poor Dad” by Robert Kiyosaki fast!).

Learning how to pay yourself first rather than paying Starbucks, Vodaphone, your local curry house, Sainsburys, Egg, Total Petrol, and the list goes on

Adjusting To Your Divorce

Parenting through divorce presents new and changing relationships for everyone. Adjusting to the process of letting go of the concept of the two-parent family and accepting the idea of new relationships takes time. Take the time to go slow when initiating a new relationship to give children time to deal with different lifestyles and eventually the possibility of an extended family. Rushing into dating may be viewed by your child as competition for your love and attention. Old fears of abandonment may surface as the fantasy dissolves that the divorcing parents will unite. As a result of the divorce, some children lose trust in adults and are slow to accept a new adult into their life. It is important to talk to your children about their feelings and their role in the new step-family. Communication, reassurance, and time will help your child make the needed adjustment.

Before dating, give your children enough time to adjust to the idea that mom and dad will be seeing other people. Make your activities with your date a part of a group function. Starting your social life with friends the children already know may also help them get the point that you are dating. In the beginning of a new relationship, meet your dates away from home to avoid having a number of different people in your home and your child’s life. Your child had lived through difficult changes and should not be asked to adjust to something else this significant unless it is necessary. Choose with care whom you let get close to your family. Before you introduce them, let your children know the nature of your relationship. Begin with a few short outings to take the pressure off forced conversation. If it looks as if the relationship will be long term, outings can gradually become longer. It is important to reassure your children of your love for them. They are less likely to accept someone they perceive as a threat to their relationship with you. It is crucial that they know that the person is not a replacement for their absent parent.

What Does a Bankruptcy Lawyer Do

Are you planning to file for bankruptcy? Do you want to get out of your predicament and start from scratch as soon as you can? Given the current economic situation, filing for bankruptcy has become commonplace with people increasingly finding themselves struggling to remain solvent. If you are on the verge of bankruptcy, you have a lot of things to consider, not the least how to make the most of this difficult situation. Your issues include paying back all your creditors and finding out how to keep your family secure, in the event of bankruptcy.

The US Bankruptcy Code has many provisions detailing bankruptcy and what should be done by the creditor and the debtor. It has many clauses which talk about different circumstances in bankruptcy. When you are on the verge of bankruptcy, your best resort is to hire a good bankruptcy lawyer who tells you exactly how to proceed.

When you hire a bankruptcy lawyer from a well known firm, rest assured that the lawyer has a solid legal background and a good experience in handling cases of bankruptcy. Armed with their relevant experience and training in law, your lawyer can tell you the appropriate clause under which to file for bankruptcy. To do this, the lawyer gets a complete understanding of your situation. They also consider the local laws in addition to the provisions of the US Bankruptcy Code. The intention of the lawyer is to to help you handle this difficult phase of your life with solid legal counsel. Only after considering the local laws, the US Code, and your particular situation does the lawyer come to a conclusion. The lawyer understands immediate and long-term concerns, and makes their suggestions accordingly.

A reputed legal firm that deals in issues of bankruptcy is known for the quality of its services. You can opt for a consultation without any charge, on your initial visit. On this visit, an experienced lawyer will discuss with you and get a good idea of your requirement, and then suggest an appropriate way forward. You can then decide whether to opt for their services. Any time you are facing the prospect of bankruptcy it makes sense to get in touch first with a reliable bankruptcy lawyer.

If you are looking to hire a good bankruptcy lawyer, Niguel residents ask you to keep in mind the reputation of the firm and its relevant experience in handling bankruptcy cases.

New York Centre For Divorce

The New York centre for divorce and mediation offers a range of services about family relationships. Each of it plays a vital role giving more space to lead a complete happy family. Their service includes couples therapy, divorce and recovery, psychotherapy, psychoanalysis, collaborative divorce and mediation services. These services range with experienced professionals from the centre of divorce and recovery and the professional divorce and mediators in New York.

The peaceful forms of life are seen with the help of NYC divorce. It brings the complete solution to family relationships, thy helps to overcome the stress, strain and pain passing these days. Their situations are mastered by professionals with thorough analysis and starting with counseling. To get the solution for the problems, counseling in New York centre helps the couples to decide their commitments and responsibilities.

Individuals passing through a complex stage of life with destructive behavioral patterns, imbalance state in work and relationship with repeated failures are guided with the expert therapists in New York City. They can overcome such conditions with two experts and should have a consultation with psychoanalytic psychotherapists.

NYC therapists, psychoanalysts and psychotherapists play the key role with analyzing the persons strange conditions and problems under certain sessions according to their impact. Psychoanalysts connect the person with three to four sessions or sometimes five sessions a week, thoroughly analyzing their background and feelings. While connecting often helps the person to express out freely and could come out of their problem shell. Psychoanalysis is more helpful to fight the persons negative feelings and emotions. The sessions are proceeded with psychoanalytic psychotherapists consultation, where it helps the individual to express out and know their right way of life.

Marriage counseling in NYC helps the person to know oneself. It is very much important as it helps to avoid negative marriage complications like divorce or misunderstandings. With couples getting started with marriage counseling will have a very good understanding to life on a broad spectrum. Added to it, they are able to gain the best relationship with better understanding and good level of adjustments. Adjustment and patience is widely necessary, which they are advised to master in every phase of life.

NYC psychotherapy is the different approach to the people is the first step of consultation with the psychotherapists. After a consultation the patient is proceeded with further reference where they should offer all the necessary details including the insurance coverage. Soon, they are guided to solution on a unique way.

Landlord and Tenant Law – The Importance of A Written Tenancy Agreement

Does a Tenancy Have to Be in Writing? Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provision) Act 1989 any contract for the creation of an interest in land is invalid and unenforceable unless it is do so in writing. Interest in land would include mortgages, sales and transfers, charges or leases. The exception to this rule is that an oral lease may be created so long as it is;

* For the best rent reasonably obtainable (i.e. a market rent) * For a period of less than 3 years

This means that a tenancy can generally be created by verbal a agreement, although this isn’t advisable as verbal contracts would be difficult to prove and if the relationship between the landlord and the tenant breaks down, an expensive court proceeding may be have to take place in the absence of clear and unambiguous terms. This is why a written tenancy agreement is therefore in the best interests of both the landlord and the tenant.

Written Statement of Terms At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

When there is no written tenancy agreement, section 20A of the Housing Act 1988 provides that the tenant is entitled to be provided on demand with a written statement setting out the following terms of the tenancy:

* Term or length of the tenancy

* Date on which the tenancy commenced

* Dates on which rent is payable

* The rent due under the tenancy

The landlord is required by law to provide this statement within 28 days of receiving written notice from the tenant. Any failure to comply with the requirements of this act wil be classed as a criminal offence and if a landlord fails provide the requested statement within 28 days, they may be convicted and fined up to 2,500.

What Should I Put In The Tenancy Agreement? The information on dates and rent payments that landlords are obliged to provide the tenant under the Housing Act, a tenancy agreement will usually include provisions which relate to the following:

* Details of additional bills & service charges

* Inspections

* Procedure for ending the tenancy and resolving disputes

* Procedure for varying the rent

* Responsibility for maintenance

* Restrictions on the use of the property

In all tenancies, the tenant will have a number of basic rights which cannot be taken away or restricted, and any provision of the tenancy agreement which attempts to do so will become invalid. Where one provision or term of a contract such as a tenancy is found to be invalid, other provisions which refer or relate to that term may be unenforceable. Because of this, care should be taken when drafting a tenancy agreement and you may want to consult a professional.

If you own several properties which you rent out, it may be more cost-effective for you to ask a lawyer to draft you a standard-form tenancy agreement which you can customise for each individual property rather than consulting a solicitor for each individual tenancy.

I Have Been Falsely Accused of Sexual Assault

False accusations of sexual assault can haunt you for the rest of your life. Penalties for conviction vary wildly from case to case, as these charges can be extremely complex and difficult to work through. An experienced criminal lawyer can help you thoroughly understand these charges, and build the strongest possible defense for your situation.

Especially in today’s climate, when sexual assault on campus is in all the headlines, being charged with rape can come as a complete shock to many people. With all the grey areas in the areas of adult sexual relations, as well as the intricacies of consent and capacity, the accused may not even understand they may have committed a crime. On the other hand, however, the accuser may have made a terrible or malicious mistake.

How Can I Defend Myself?
If you’re charged with sexual assault or rape, it’s imperative you consult with sexual assault lawyers immediately. Try not to give any statements without a lawyer present. Being proactive is always the key to a strong defense. Although there are no accurate statistics on false rape accusations across the country, your attorneys understand the many ways a false charge could happen:

Innocence. Simply enough, you’re innocent and can prove it with an alibi. Your attorney can help you collect all credible evidence to show this — you were not there at the time, witness statements, documents like credit card receipts, etc.
Mental incapacity. In some cases, a defendant may not understand what they did was wrong or against the law. Due to a mental challenge or deficit, they had no understanding that unwanted sexual contact is prohibited by law. Some courts may show more leniency in these situations.
Consent. The issue of consent is difficult and complex. With sexual assault, the prosecution must prove the alleged victim didn’t give consent. Perhaps you did have sexual relations, but believed the accuser gave consent. What happens now? Sometimes the issue of consent is almost impossible to prove, but if your experienced criminal lawyer can show that you made a concerted and reasonable effort to ensure the accuser gave consent, the court can look favorably on this.
Mistaken identity. Again, you may not have committed any crime at all. With a case of mistaken identity, an arrest for sexual assault can traumatize you for the rest of your life. Your attorney will work with you to determine your alibi, locate witnesses and, if necessary, perform DNA testing to prove your innocence.

Your Best Defense is a Good Offense
Even if you believe any accusation against you is false, consult with qualified sexual assault lawyers as soon as possible. Your legal team is on your side, even when it might feel like the world is against you. They work with you to identify all the facts, establish the truth, and present a vigorous defense both in and out of the courtroom. With your reputation and freedom at stake, start your legal strategy as soon as possible.

Signing A Non-Disclosure Agreement With A Patent Attorney

Clients mostly persuade their patent attorney to sign a non disclosure agreement. Patent attorney appointed for the purpose of patenting is not required to sign the non disclosure agreement on request of the inventor. But various lawyers obtain money from the inventors in order to sign a non disclosure agreement (NDA). This practice is followed so that the inventor questions about the procedure of the invention patenting from the patent attorney. These types of agreements are beneficial to the inventors however the patent attorney acts as a signing authority and has to pay for this process. Therefore, considering the ethical rights this practice has been excluded. If the non disclosure agreement (NDA) is being decided and signed in any case, it is advised for both the patent attorney and the inventor to consult a counsel for the same. This is a little unusual as the patent attorney who represents his/her client has to further consult his/her attorney in order to get advised whether to sign the non-disclosure agreement or not. This is why such an option is not considered by various inventors and patent attorneys who work for patenting the innovation.

Until and unless the idea and information regarding the innovation are discussed with the patent attorney by the inventor, the non disclosure agreement (NDA) cannot be signed as the patent attorney is liable to provide confidentiality to the information given by the inventor. A patent attorney has to abide by various federal rules which are imposed so that the information of the inventor or the client is always kept confidential. In such scenarios an inventor gets confused as in how to get a non disclosure agreement (NDA) signed without disclosing his/her original idea to the lawyer. What best could be done here is that inventor gets the non disclosure agreement (NDA) drafted by a lawyer first and then submit it to the patent attorney for signature and then get started with the client-attorney involvement.

But, this could prove difficult as a lot of money from the inventors end would be spent. There shouldn’t be any discrepancy of interests of the current or past clients while the patent attorney represents the current inventor. This can also create some issues for the patent attorney until the patent attorney is well versed with the client needs and requirements. Disclosing fundamental information pertaining to the invention with the patent attorney which might not necessarily include all the information about the invention can ensure inventors about the faster and successful patenting process and signing of the non disclosure agreement (NDA). However, for some patent attorneys such basic information could not be sufficient enough.

Therefore, clients and inventors do trust some patent attorneys and reply upon them in such scenarios as they would not use the innovative idea for illegal and unlawful use as the patent attorney is not into such competition as is the client himself.