The Law Society and Vice President, David Greene, is denying in today’s Times that the Practice Note on NDAs was watered down during its formulation. I have strong reasons to doubt that. They also claim, “Developing guidance requires input and learning from those who have been actively involved in the relevant area of law.” These claims can be put to a stiffer test than a press statement. Given the doubts over Greene’s role, they should be. The Law Society should: Publish all drafts of the Practice Note and comments on drafts passing between the relevant committees. We will see very quickly, I would expect, whether those with relevant experience were involved and how the draft changed over its life.
The Society have already lost on the perceived conflict of interest problem. They had one. The honesty problem is a big deal. They need to resolve it and do it with facts not claims.