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)
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 |
| Zelda Perkins | Can't Buy My Silence, London, England |
| Sara Phelan SC | The Bar of Ireland, Dublin, Ireland; Chair, Forum for Barristers and Advocates, The Bar of Ireland |
| Jonathan Price | Doughty Street Chambers, London, England |