NDAs (non-disclosure agreements), and the role of lawyers in respect of their misuse, is a hot topic, with shocking allegations against celebrities regularly in the news. In this week’s NLJ, John Gould, senior partner, Russell-Cooke, looks into the issue
Gould weighs up the ethical considerations and concerns around the Solicitors Regulation Authority (SRA) ‘Thematic Review’ on NDAs, published in August, which followed an SRA warning notice on the topic a few years back.
Gould
writes: ‘A particularly striking feature of the warning was the extent of the
responsibility it envisaged for a solicitor to protect the interests of another
solicitor’s client. The warning had the potential to cut across the pattern of
potentially competing professional duties carefully developed by the courts
over a very long period.’
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