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  4. Zealous v abusive lawyering: where is the fine line between doing ‘the best for the client’ and abusing the weaker party?

2nd IBA Global Professional Ethics Symposium

26 Jun - 28 Jun 2024

Session information

Zealous v abusive lawyering: where is the fine line between doing ‘the best for the client’ and abusing the weaker party?

Thursday 27 June (1100 - 1200)

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Description

We will discuss the ethical issues for lawyers around non-disclosure agreements (NDAs), Strategic Lawsuits against Public Participation (SLAPPs) and other potentially predatory litigation.

Non-Disclosure Agreements (NDAs)

• Protecting legitimate interests or perverting the course of justice?

• When, where and in what form are NDAs acceptable?

• What types of clauses are unacceptable?

• What are the ethical obligations for lawyers drafting NDAs and advising clients?

• NDAs from the perspective of one client/litigant, Zelda Perkins, who said of hers ‘It is morally lacking on every level’.

Strategic Lawsuits Against Public Participation (SLAPPs)

• Are suggestions that lawyers are facilitating frivolous litigation aimed at silencing criticism greatly exaggerated?

• How do SLAPPs align with our obligations as lawyers to promote the protection of the fundamental right of freedom of expression?

• Are we, as lawyers taking our professional and ethical obligations seriously?

• Is there a risk that legitimate claims are being branded as SLAPPs?

• What are our obligations to interrogate clients’ instructions and advise them on the risks?

Session / Workshop Chair(s)

Geraldine Clarke Gleeson McGrath Baldwin Solicitors, Dublin, Ireland; Member, Constitution and Governance Committee

Speakers

Alipak Banerjee Nishith Desai Associates, New Delhi, Delhi, India; Diversity and Inclusion Officer, Professional Ethics Committee
Michael Fandel J.D. Miller Nash LLP, Seattle, Washington, USA
Seán Guerin The Bar of Ireland, Dublin, Ireland; President / Chairperson, The Bar of Ireland
Zelda Perkins Can't Buy My Silence, London, England
Jonathan Price Doughty Street Chambers, London, England

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