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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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