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When we hired a new employee we forgot to make him sign an NDA.Now, a year into his employment, we want to make sure that he signs one.Is the client a longstanding one who has always acted properly in the past? These are questions he will probably be asked by the judge or regulator if things go wrong and to which he will need convincing answers.There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.However, even if it is an agreement that could have been made orally the lawyer preparing the agreement has no way of knowing whether that is actually the case and that the agreement to be fully documented by him is the one that was reached at the earlier date.

For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.For example, will the document be provided in support of the party’s tax position giving the impression that a signed legal contact was in place before it was?The difficult question for a lawyer to answer is to what extent does he have to enquire into the veracity of his client’s statement that the document “is just recording an earlier agreement”?The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.This is not an agreement that could have been made orally.

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  1. Frenchman Jean-Pierre Blanchard and American John Jeffries travel from Dover, England, to Calais, France, in a gas balloon, becoming the first to cross the English Channel by air.

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