It begs the question of whether you are allowed to even reveal that fact — and it happened to me!

In a contract negotiation with a very large software firm (no tattle-tale-ing here, but they are based in Israel and the name starts with “A”), I noticed an interesting confidentiality clause.

Basically, it stated that I was not allowed to reveal the very existence of the entire contract!

Other provisions of the contract blocked me from “exhibiting” (in the legal sense) any of the work products — course exercises, slides etc. — which meant that I could not show examples of my good work to a prospective new client.

Fair enough, but of course I would tell the new client “No, sorry, but I can’t show you that material. The contract with A—– precludes that”.

“No,” said the lawyer, “you can’t say that. The existence of a relationship between your company and A—– is confidential.”

“So what do I say when they ask why they can’t see samples of my work for A—–?”

“You say nothing.”

Needless to say, I asked for and received permission to strike the “the existence of this contract is a secret” clause. And the Comedy of the Absurd was concluded, at least for that performance.

Tell me, do lawyers actually get paid to write that stuff?

http://dealarchitect.typepad.com/deal_architect/2009/02/the-gag-rule-in-tech-contracts.html

It begs the question of whether you are allowed to even reveal that fact — and it happened to me!

In a contract negotiation with a very large software firm (no tattle-tale-ing here, but they are based in Israel and the name starts with “A”), I noticed an interesting confidentiality clause.

Basically, it stated that I was not allowed to reveal the very existence of the entire contract!

Other provisions of the contract blocked me from “exhibiting” (in the legal sense) any of the work products — course exercises, slides etc. — which meant that I could not show examples of my good work to a prospective new client.

Fair enough, but of course I would tell the new client “No, sorry, but I can’t show you that material. The contract with A—– precludes that”.

“No,” said the lawyer, “you can’t say that. The existence of a relationship between your company and A—– is confidential.”

“So what do I say when they ask why they can’t see samples of my work for A—–?”

“You say nothing.”

Needless to say, I asked for and received permission to strike the “the existence of this contract is a secret” clause. And the Comedy of the Absurd was concluded, at least for that performance.

Tell me, do lawyers actually get paid to write that stuff?