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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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How do I get a man that deposed me to agree to sign

Customer Question

How do I get a man that deposed me to agree to sign confidentiality agreement. Verbal commitment only. Has been breached and has career ramifications. Very inexperienced in this sensitive situation. Took ethics of their word now violated. Is there anything I can do to stop this violation?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I certainly understand that you want a written agreement to have leverage against them so that there is confidentiality maintained. However, the problem is that you need leverage first to even get them to sign something like that.

Confidentiality doesn't automatically attach to very many things. Statements that may have come out during a deposition are not legally confidential unless there is a signed agreement beforehand or after that makes them confidential (which is what you want here).

However, there is no way to compel someone into confidentiality after the fact. You can't claim defamation because that requires untrue statements about you being made, and that isn't the argument here. You're claiming a violation of trust, but without a written confidentiality agreement, there is really no way to prove that it is a violation of trust, or even that they had a legal requirement to maintain that silence.

Unless you have either something to offer them or something legitimate to legally threaten them with (a lawsuit for some other matter), you have no leverage to even negotiate to obtain a confidentiality agreement from them.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 7 months ago.

I note that you've asked a question before, which I responded to, but you didn't ask any follow up questions then, even when invited to do so and you ultimately left the question unresolved.

Am I not answering your questions? Do you have some other information that you require?