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Tough on whistleblowers

There is no reason I can foresee for a lawyer to advise that the agreement should be drafted purposely to avoid protection for members under PIDA/ERA unless the intention at the time of drafting was that the members wished to retain the power to expel a member who made a disclosure without having to worry about a claim in the ET. If it is a consequence of a well drafted agreement because of the COA's decision then so be it, but to actually advise deliberate avoidance is ethically troubling to me. The advice may well be in the interests of the LLP as a body as it may avoid a significant liability, however it is of concern to me that this is the road we are now headed down, and I suggest all of us who are members of LLPs reflect on the recent cases involving rougue partners and think what would happen in certain firms had junior partners blown the whistle on big names.

11-Oct-2012

12:02 pm