Help urgent contarct questions

Help urgent contarct questions

zaytune
zaytune

May 4th, 2011, 1:01 am #1

I am in the process of signing the retainer for the law agency . In the interest of time , we have selected the same law firm to represent us and the donor , per the donor agency recommendation .
The retainer says that since we are jointly represented , any information provided will not be confidential between us and the donor , even though the next paragraph says they will not provide us or the donor with identifying information . I am not sure if this is ok .

Also our donor agency will be provided with a copy of the donor agreement . Is this ok . I am uncomfortable with the agency keeping a copy . Is this the norm . Anyone who has dealt with an agency donor please advise . Have to sign this retainer in the next few hours , any help greatly appreciated .
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H40+
H40+

May 4th, 2011, 1:27 am #2

One lawyer can't represent both of you without there being a conflict. It's worth the extra $750 or whatever they charge.
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Newbie
Newbie

May 4th, 2011, 1:30 am #3

I am in the process of signing the retainer for the law agency . In the interest of time , we have selected the same law firm to represent us and the donor , per the donor agency recommendation .
The retainer says that since we are jointly represented , any information provided will not be confidential between us and the donor , even though the next paragraph says they will not provide us or the donor with identifying information . I am not sure if this is ok .

Also our donor agency will be provided with a copy of the donor agreement . Is this ok . I am uncomfortable with the agency keeping a copy . Is this the norm . Anyone who has dealt with an agency donor please advise . Have to sign this retainer in the next few hours , any help greatly appreciated .
Its probably not what you want to hear b/c I would not sign, it is most definitely a conflict of interest. You need checks and balances to ensure your best interests are covered. It is worth going outside to a different firm for either your lawyer or the donor's.
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pixl
pixl

May 4th, 2011, 1:59 am #4

I am in the process of signing the retainer for the law agency . In the interest of time , we have selected the same law firm to represent us and the donor , per the donor agency recommendation .
The retainer says that since we are jointly represented , any information provided will not be confidential between us and the donor , even though the next paragraph says they will not provide us or the donor with identifying information . I am not sure if this is ok .

Also our donor agency will be provided with a copy of the donor agreement . Is this ok . I am uncomfortable with the agency keeping a copy . Is this the norm . Anyone who has dealt with an agency donor please advise . Have to sign this retainer in the next few hours , any help greatly appreciated .
Definitely a conflict of interest, you want someone looking out for YOUR interests first. Also it is not the norm for the agency to get a copy of the donor agreement, that sounds odd to me. They just need to know that the agreement has been signed so the process can move forward.

Anyway, here is a link that lists some reproductive lawyers, look for one in your state and send them an email, you should be able to get going with one fairly quickly: http://greateggslegal.com/
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zaytune
zaytune

May 4th, 2011, 2:21 am #5

I am in the process of signing the retainer for the law agency . In the interest of time , we have selected the same law firm to represent us and the donor , per the donor agency recommendation .
The retainer says that since we are jointly represented , any information provided will not be confidential between us and the donor , even though the next paragraph says they will not provide us or the donor with identifying information . I am not sure if this is ok .

Also our donor agency will be provided with a copy of the donor agreement . Is this ok . I am uncomfortable with the agency keeping a copy . Is this the norm . Anyone who has dealt with an agency donor please advise . Have to sign this retainer in the next few hours , any help greatly appreciated .
We are really wanting to move forward quickly , I did contact two different lawyers , but one of them is not available the whole of this week and will start the process next week , which will delay things considerably . Also the coordination needed if our lawyer and the donors lawyer are different , will delay things . The donor is leaving for vacation in August and the cycle needs to get done prior to that . Also she has donated 4 times already and there is another couple waiting to cycle . I am east Indian and I have found this donor after looking for nearly two years . I am pretty sure that if we lose her , it will be almost impossible to find someone we like . I am too depressed already .
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H40+
H40+

May 4th, 2011, 2:25 am #6

Just call around and find another one. If you don't, the contract won't afford you as much protection as you'd like.
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Anonymous
Anonymous

May 4th, 2011, 2:39 am #7

We are really wanting to move forward quickly , I did contact two different lawyers , but one of them is not available the whole of this week and will start the process next week , which will delay things considerably . Also the coordination needed if our lawyer and the donors lawyer are different , will delay things . The donor is leaving for vacation in August and the cycle needs to get done prior to that . Also she has donated 4 times already and there is another couple waiting to cycle . I am east Indian and I have found this donor after looking for nearly two years . I am pretty sure that if we lose her , it will be almost impossible to find someone we like . I am too depressed already .
Out of excitement or desperation or both, I just about broke my arm signing anything and everything to secure her and get the deal done. Would not, could not lose this girl.

I am not naive and have been a party in many many business contracts over the years, with plenty of legal experience, but I still threw caution to the wind in order to get it done quickly. I was willing to deal with the consequences if things didn't work out, a risk I was very willing to take.

Luckily it worked out wonderfully, forged a long-term relationship with our agent and maintain some minimal contact with our wonderful donor through the agent. We were also able to do a second donation with her.
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zaytune
zaytune

May 4th, 2011, 3:01 am #8

This sounds so good in my desperate situation . I think I will also throw caution to the winds and hope for the best . I do not have the emotional strength to look for another donor if we lose this one. Also I just realised that even if I were not to provide a copy of the contract to the agency , they will certainly get it from the donor , so that really wouldnt matter .
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LadyMagoo
LadyMagoo

May 4th, 2011, 10:58 am #9

I am in the process of signing the retainer for the law agency . In the interest of time , we have selected the same law firm to represent us and the donor , per the donor agency recommendation .
The retainer says that since we are jointly represented , any information provided will not be confidential between us and the donor , even though the next paragraph says they will not provide us or the donor with identifying information . I am not sure if this is ok .

Also our donor agency will be provided with a copy of the donor agreement . Is this ok . I am uncomfortable with the agency keeping a copy . Is this the norm . Anyone who has dealt with an agency donor please advise . Have to sign this retainer in the next few hours , any help greatly appreciated .
The potential for conflicts of interest is too great. You need someone to look out for your interests and yours alone, not someone who is trying to strike a balance among all of the different interests.
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H40+
H40+

May 4th, 2011, 12:33 pm #10

This sounds so good in my desperate situation . I think I will also throw caution to the winds and hope for the best . I do not have the emotional strength to look for another donor if we lose this one. Also I just realised that even if I were not to provide a copy of the contract to the agency , they will certainly get it from the donor , so that really wouldnt matter .
I really don't think you want something unexpected cropping up later on. I doubt you're going to lose a donor over having a separate lawyer.
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