Advising on NDAs raises a number of ethical considerations, as Emma Walker explains

In the spring of 2018 and in the context of the #MeToo movement, the Solicitors Regulation Authority (SRA) published a warning notice on the use of non-disclosure agreements (NDAs). The SRA updated the warning notice in November 2020, adding explanations about its expectations of those it regulates.

So, who does the warning notice apply to, what’s new in the guidance and what questions can you ask yourself to help keep your professional obligations in focus when dealing with such agreements?  The creation and updating of the guidance indicate this is a developing area — and one the SRA is keeping a careful eye on — and so keeping the ethical reasoning behind the warning notice in mind will help you stay ahead...

Emma Walker
Associate Solicitor
Leigh Day & Co

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