Can a Confidentiality Agreement Prevent Consulting an Attorney?
Whether a confidentiality agreement can prevent having an attorney review it depends on all the circumstances involved, such as the terms of the agreement, the information that is to be kept confidential, and whether the attorney-client privilege applies. While a criminal entity may make a legal contract, it cannot make a legal contract to do something illegal or abet a criminal act.
The language of the contract clause will also be important to determine whether it constitutes a waiver of the right to sue. Some of the factors that may be considered by the court in deciding to enforce a waiver of the right to sue, among others, include the conspicuous nature of the contract language, the presence of any fraudulent inducement, and the consideration received in return for the waiver.