OK, let's say we sign a confidentiality agreement, however if either party ever produced it, and attempted to enforce it, well... your "confidentiality" is pretty much blown, right?


This from from a providers Q&A section of her website... cut & paste... verbatim...

Q:  Do you have a screening process?

A. I truly believe that screening a potential friend provides a unique opportunity for both of us to develop a level of comfort.  My screening process does not include any type of "Standard" form as I believe that tailoring the process to each person's own unique station in life is necessary.  As such, I simply request that potential friends contact me via the information on my Contact Me page.  Confidentiality agreements are available for friends with a demonstrated high level public or non-public stature.

I would agree with you.  Besides that, you would need to establish measureable damages as part of your enforcement attempt...?

Because if it ever came down to enforcing such an agreement... I think little John might take a very long vacation...



-- Modified on 3/3/2009 6:43:48 PM

"OK, let's say we sign a confidentiality agreement, however if either party ever produced it, and attempted to enforce it, well... your "confidentiality" is pretty much blown, right?"

      You would have no need to enforce it, unless the other party either threatened to breach or breached it. If the former, you would simply seek equitable relief to prevent the breach without disclosing in court the subject matter of the agreement, or obtaining a second confidentiality agreement limiting disclosure to the court.

       If the other party breached it, there is no way you could enforce it retroactively but you could recover damages and obtain specific performance to prevent future disclosures.

       Now I’m not sure what this lady is promising to keep “confidential” and from whom but you would also have to factor in the effect of illegality on the deal.

      Contracts that are illegal or against public policy are sometimes, but not always, unenforceable. Sometimes they are void; sometimes merely voidable. It is a complex area. But merely contracting, for example, “I will never tell your employer about our illegal relationship” probably would be enforcible; contracting “I will never tell the police” probably would not.

if ever asked, each party would deny ever having met the other party. In other words:

"I don't know him/her"
"We have never met before"

A signed agreement would be evidence of a prior meeting.

but wouldn't a NDA that referenced illegal behavior be tantamount to conspiracy, such conspiracy to be a "more" serious crime than the prostitution/soliciting charge they were trying to avoid in the first place?

Of course an agreement to not disclose an ilicit affair would be quite another matter. Since it references no illegal behavior I would think it would be enforcable. Of course untying it from the underlying illegal sex for money part of the agreement would probably ensure no winners and all losers if it ever went to court. I think it would be a very interesting case to watch though.

As G points, entering into a nondisclosure agreement seems like a very bad idea from a criminal law standpoint since, if it has anything to do with concealing illegal conduct, the parties would be opening themselves up to a conspiracy charge, a written agreement for future prostitution charge,  and possibly an obstruction of justice charge.

The OP was asking about enforcement from a civil perspective but
I think G nailed it by observing that the criminal consequences make the entire idea foolish.

summons or subpoena power, and therefore cannot be used as a shield to prevent testimony, nor can it be considered a breach of contract if the "breaching" party is responding to a summons or subpoena as complying with a valid court order would be an irrefutable defense.

Even if the CA is for an underlying legal purpose.

That's my story, and I'm sticking to it.

I'm not a lawyer & I'm sure you are right about the enforceability of such a contract, signed by before impartial witnesses who, of course, would sign their own confidentiality agreements...

Whar woulds concern me would the need to disclose "demonstrated high level public or non-public stature."  Why not just say "Tell me why & who so I can blackmail you."  

I don't think so.
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