SRA warns firms not to use NDAs to cover up sexual harassment reporting
Law firm regulator warns firms should not use NDAs to prevent reporting of allegations of serious misconduct such as sexual harassment
March 12, 2018 at 06:11 AM
3 minute read
The Solicitors Regulation Authority (SRA) has warned law firms in England and Wales not to use non-disclosure agreements (NDAs) to prevent the reporting of professional misconduct, in the wake of several sexual harassment scandals that have rocked the profession.
The SRA issued a warning notice today (12 March), reminding firms that any potential professional misconduct by a person or firm should be reported to the regulator, including sexual harassment or misconduct.
NDAs, used to protect the confidentiality of the firms, the alleged victim and the alleged aggressor, should not interfere with this reporting obligation according to the regulator.
In a statement, the SRA said: "NDAs are widely used to protect commercial interests, confidentiality, and – in some circumstances – reputation. However, they should not be used to prevent people reporting wrongdoing to the relevant authorities, such as the police or a regulator."
It also revealed that between November 2015 and October 2017, it received 21 complaints relating to such allegations of inappropriate sexual behaviour.
SRA chief executive Paul Philip said: "The public and the profession expects solicitors to act with integrity and uphold the rule of law. And most do. NDAs have a valid use, but not for covering up serious misconduct and, in some cases, potential crimes."
The regulator's move comes as the legal profession has been thrust into the spotlight over how it deals with allegations of sexual harassment and assault.
Last month, Baker McKenzie commissioned a review of its response to a historic sexual assault allegation, amid intense scrutiny over the firm's handling of the incident.
The firm has instructed Simmons & Simmons to lead the review of its response to the incident, which occurred several years ago.
The allegations centre around the alleged sexual assault of a female associate by a male partner, who left the firm after the claims came to light at the beginning of the month.
The associate received a payout from Bakers and entered into a confidentiality agreement before leaving the firm.
Separately, last week Mayer Brown New York partner James Tanenbaum left the firm following allegations that he engaged in inappropriate conduct at former firm Morrison & Foerster (MoFo).
He tendered his resignation after reports surfaced that he had been terminated by MoFo in late 2017 in connection with an internal investigation into allegations of sexual misconduct.
Earlier this year, Legal Week research found two thirds of female lawyers said they had experienced sexual harassment while working in a law firm.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
UK Black History Month: Four A&O Shearman Staffers Honour Their Unsung Heroes
6 minute read
'But We Exist': The Stigma Around Disability and Neurodivergence in Law Firms Persists
6 minute read
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
