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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Education Law
Satisfied Customers: 18600
Experience:  B.A.; M.B.A.; J.D.
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1. If I paid customized educational plan and was told that an as

Customer Question

1. If I paid for a customized educational plan and was told that an assessment would need to be done on my mother prior to that plan, then isn't the assessment my property, and not the property of anyone else, including a guardian or other family member?
2. I was verbally assured that the assessment would remain private. I do not remember signing anything. Is this verbal assurance of confidentiality binding?
3. If the consultant did not follow through with her own legal counsel to determine the legal parameters of that confidentiality, then is she liable for breach now? In other words, if she later discovers through her counsel that there's no confidentiality binding her, then it's too late to apply that now after she verbally told me she would keep the assessment private, is that correct? I've otherwise been under the reassurance that the assessment would remain private and my property.
Submitted: 1 year ago.
Category: Education Law
Expert:  Phillips Esq. replied 1 year ago.
1. If I paid for a customized educational plan and was told that an assessment would need to be done on my mother prior to that plan, then isn't the assessment my property, and not the property of anyone else, including a guardian or other family member? Response 1: Yes, it is your property.2. I was verbally assured that the assessment would remain private. I do not remember signing anything. Is this verbal assurance of confidentiality binding? Response 2: No, because she can deny that she ever made the assurance. It would be your word against hers. 3. If the consultant did not follow through with her own legal counsel to determine the legal parameters of that confidentiality, then is she liable for breach now? In other words, if she later discovers through her counsel that there's no confidentiality binding her, then it's too late to apply that now after she verbally told me she would keep the assessment private, is that correct? I've otherwise been under the reassurance that the assessment would remain private and my property. Response 3: No, it is not correct. There is no binding agreement if the non-disclosure/confidentiality agreement is not in writing. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.

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