Gould weighs up the ethical considerations and concerns around the Solicitors Regulation Authority (SRA) ‘Thematic Review’ on NDAs, published in August, which followed an SRA warning notice on the topic a few years back.
Gould writes: ‘A particularly striking feature of the warning was the extent of the responsibility it envisaged for a solicitor to protect the interests of another solicitor’s client. The warning had the potential to cut across the pattern of potentially competing professional duties carefully developed by the courts over a very long period.’