Hello, I am planning to ask a trademark related question to an attorney about whether buying a domain name or not. My question is, when I go consult with him, can he take the phone and call my competitor about it? Not that he will gain anything from it I guess... I mean in general when you consult with a trademark attorney, is he obligated to keep it confidential? What if he doesnt? who can prove he called my competitor?
In the United States an attorney is required to keep your information confidential. The client, not the attorney, decides when and to whom information can be disclosed.
Generally, an attorney is not allowed to that. If you are paying the guy for legal advice, you are a client and protected by attorney/client privilege as well. However, if you have a casual conversation with an attorney, if it is not understood that the purpose of the conversation was to secure legal advice, you may not be a client at all. When an attorney is not acting primarily as an attorney but, for instance, as a business advisor, member of the Board of Directors, or in another non-legal role, then your conversations may not be privileged.