Law Society rebuffs critics over NDA guidance

The Law Society has rebutted ‘headline-grabbing’ claims that it has failed the public in its approach to the use of non-disclosure agreements.

Writing for lawgazette.co.uk today, deputy vice-president David Greene says Chancery Lane remains in step with the regulator on the issue and continues to work in the interests of both solicitors and the public.

‘Our practice note released earlier this year exists to outline current standards. It does not attempt to make any ethical judgement of NDAs beyond the law, nor to suggest standards as they ought to be,’ Greene stresses. ‘It simply demonstrates the law as it is.’

He adds: ’That’s because, even among claims of misuse, there are also situations in which confidentiality clauses are entirely appropriate.’

Greene adds that the SRA has welcomed the guidance, stating: ‘There is no disparity between our approach and that of regulators.’

Amid the enduring controversy on NDAs highlighted by the #MeToo movement, Greene says the Society is working ‘on all the issues raised in the current debate’ alongside the practice note.

‘We can fulfil our duty to provide guidance to our members, while advocating for policy in the public interest,’ he concludes. ‘To suggest otherwise is to imply a dichotomy where there is none.’