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06 October 2023 / John Gould
Issue: 8043 / Categories: Opinion , Regulatory , Profession
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Allegations & NDAs

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Should lawyers be required by regulators to refuse to participate in NDAs in relation to allegations of sexual misconduct? John Gould investigates

Complaints against the former TV personality Russell Brand are just the latest of almost daily allegations of sexual misconduct against celebrities producing high levels of publicity. Whatever the rights and wrongs of any case, the issue of when and how allegations emerge is an important one. Often sexual criminals have been able to cover up their wrongdoing but reputations have also been tarnished by the publicity around false allegations. Recently the Legal Services Board closed its call for evidence on the role of lawyers’ conduct in the misuse of non-disclosure agreements (NDAs). The Bar Council has attracted trenchant criticism from those who campaign for legal restrictions to the use of NDAs for the evidence it submitted.

The controversy centred on the role of lawyers and legal regulators in preventing the perceived misuse of NDAs by clients. Should lawyers be required by regulators to refuse to participate in NDAs in relation

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