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Can Non-Disclosure Agreements be used to establish privileged communication?

Denver, CO |

My opponent has requested discovery of my transactions and communications with my clients. I have Confidentiality Agreements and Non Disclosure Agreements with them. Do those CA's and NDA's create a privilege that I can use to prevent discovery?

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Attorney answers 3


No, they do not. Privilege relates to specified statutory or common law privileges. Those include attorney and client, spousal privilege, and other limited areas. You could consider a protective order, if necessary.

Before you consider not providing discovery, you are well served by speaking with an attorney or you will face serious sanctions that will harm or potentially destroy your case. The court expects you to know and follow all the rules of procedure and evidence. You would be well served by hiring an attorney to at least provide you advice under a limited representation. Good luck.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.


Mr. Murillo is correct. The answer is no. Here is why: parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. Rule 26, C.R.C.P.

The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.


I concur with the other attorneys who have already offered the legal basis for the position asserted. I wil also offer that the public policy behind NDAs and CONFIs is not to "hide" anything but to "protect" privileged" communications -- which necessarily must be narrowly defined. Thus, to the extent that a party is out in the market place disparaging or commenting on a competitor in a way that is not defensible -- it is actionable -- regardless of a NDA or confi. Good luck.


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