In January 2023, our Board discussed the scope of a call for evidence to seek views and evidence on concerns about the important role that legal professionals can play in ensuring that non-disclosure agreements (“NDAs”) are not misused to conceal unlawful activity and other wrongdoing, including sexual misconduct, harassment and discrimination.
In 2023 we launched a call for evidence (PDF) setting out the evidence we have to date on the conduct of legal professionals involved in the misuse of NDAs.
The summary report of evidence was published in February 2024. You can read the submissions from organisations here.
This report contributes to the conversations about the ethical conduct and practice of lawyers advising and facilitating on NDAs. The evidence highlights a potential overuse and misuse of NDAs, where the intention is to cover up misconduct, intimidate or silence people.
If you have any questions about this call for evidence, please contact us at: with ndas@legalservicesboard.org.uk.