Law Society responds to the LSB’s NDA report

You will have already seen that earlier today we covered the LSB’s publication regarding NDAs.

Evidence NDAs used to cover up illegal conduct, promote imbalances of power and restrict access to justice published by the Legal Services Board.

The Legal Services Board has published this morning a summary report of evidence on the use and misuse of non-disclosure agreements (NDAs), based on the experience of those who responded to a call for evidence last year.

Law Society of England and Wales president Nick Emmerson, has provided their comments:

“The Legal Services Board’s (LSB) Summary of Evidence highlights some of the issues that can arise with the use of non-disclosure agreements (NDAs).

“While it is not possible to know how many illegal or unethical NDAs have been used the LSB have evidenced that there have been instances of such agreements. We look forward to seeing their analysis of existing regulatory and legislative framework and considering any proposals the LSB has to help improve it.

“We recommend that all solicitors who advise on NDAs in employment situations read both the Solicitors Regulation Authority’s Warning Notice and our practice note on the subject. These clearly set-out a solicitor’s legal, regulatory and ethical responsibilities when advising on the use of NDAs.”

First published on Today’s Family Lawyer on 28th February 2024.