Doing Discovery – Before An NDA Is In Place

Many organizations are unwilling to share sensitive information before an NDA (Non-Disclosure Agreement) is in place, limiting the information that can be uncovered in Discovery conversations.  Three recommendations:

1.       Acknowledge and respect that the customer may be unable to provide information until an NDA is executed; don’t push.

2.       Help the customer realize that it IS worth the time and energy to complete an NDA.   One simple way to accomplish this is to ask a few questions that the customer can’t (yet) answer – after a reasonable number of “I’m sorry, I can’t share that yet – it’s confidential information”, they will realize for themselves that it makes sense to execute an NDA.

3.       You should make the offer:  “Why don’t we execute an NDA so that we can continue the conversation…?”

A couple of additional ideas:

First, recommend that the NDA be mutual – bidirectional – so that any pricing or similar confidential information you provide can be protected under the same agreement.  This also helps to position you on a more equal basis with your customer.

Second, set a date for the next discussion so that there is s a reasonable level of urgency associated with getting the agreement completed.