The Bar Council of England and Wales has criticised the UK’s legal services oversight regulator following its call for evidence to support an investigation into the abuse of non-disclosure agreements (NDAs) by lawyers.

Public awareness of so-called “gagging clauses” to silence victims of workplace misconduct has increased in the wake of the #MeToo movement. Questions have since been raised about the role of lawyers in advising on and drafting confidentiality agreements designed to conceal unlawful activity, such as discrimination and sexual harassment.