David Greene examines NDAs and the ethics debate

To suggest the Law Society has failed to discharge its responsibility to the public over non-disclosure agreements is simply not correct, says Senior Partner of Edwin Coe and deputy vice president of the Law Society, David Greene.

Few legal issues have caused more controversy and debate in recent months than the use, or misuse, of confidentiality clauses or non-disclosure agreements (NDAs).

The #MeToo movement and scandals such as Harvey Weinstein and the Presidents Club have dragged NDAs out of the shadows and into the limelight. Legitimate fears have been raised that such tools have been used to cover up abuse, or even allow it to continue.

The role of solicitors in drafting these clauses is a vital public issue: it’s both appropriate and right that we have embraced this debate. The profession has a public legal education role to play – it’s clear there needs to be a better awareness amongst the public of what all parties need to know before signing an agreement.

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