Solicitor struck off for 'upskirting' a junior colleague

Inappropriate conduct

The SDT struck off a solicitor for obsessive and unwanted behaviour toward a junior colleague (person A), at the unnamed firm where they were a partner.

The tribunal heard that the solicitor sent over 1,000 messages to person A, including late at night and while she was on holiday.

The solicitor also gave her unwanted gifts, repeatedly invited her to dinner and secretly took photos and videos without consent.

Members of the public witnessed the solicitor taking photos of person A on a train, without her knowledge.

Accused of ‘upskirting’, a witness demanded that the solicitor inform A and delete the photographs. The matter was reported to the British Transport Police (BTP) and the solicitor was arrested.

The solicitor was released on bail the following day, on condition they were “not to have any unsupervised direct or indirect contact with [person A]”.

Despite the warning, a handwritten note addressed to person A was placed in her desk drawer at the workplace.

Following the incident, the solicitor self-reported the arrest to the Solicitors Regulation Authority (SRA).

Due to the serious nature of the alleged misconduct, the SRA referred the case to the SDT.

The SDT finding

The tribunal had regard to the Guidance Note on Sanctions (10th Edition, June 2022).

In determining sanction, the tribunal determined that:

• the motivation for the conduct was sexual
• the conduct and actions were planned
• the trust placed in the solicitor as a partner in the firm and a direct supervisor to person A was breached
• the conduct in linking person A’s potential promotion to having dinner was particularly egregious, and
• the solicitor’s conduct, in sending a note to person A with a condition not to contact her, was very serious.

The solicitor breached all of Principles 2 and 6 of the SRA Principles 2011 and failed to achieve outcome 2.1 and/or outcome 11.1 of the SRA Code of Conduct 2011.

The solicitor was wholly and solely responsible for the circumstances giving rise to the misconduct.

The panel chair said the solicitor: “struck fear into the heart of person A when on holiday. She feared she had to respond or [ … ] would travel to meet her. That fear was not misguided but well-founded.”

“Person A’s physical and mental health suffered as a direct consequence of interactions with [ … ]. [The conduct] amounted to repeated and prolonged abuse of position of trust.”

The solicitor was struck off and ordered to pay £59,550 in costs.

Your ethical obligations

The case demonstrates the serious consequences of a breach of the SRA Principles and highlights the overarching high-level standards of ethical behaviour expected of trainees and solicitors.

The SRA has published guidance on sexual misconduct to help solicitors understand their obligations and how to comply with them.

Since May 2023, has imposed a positive duty on managers to challenge behaviour that is disrespectful or unfair or amounts to bullying or harassment.

To help you understand the risks of failing to protect and support colleagues, the SRA has published guidance outlining your obligations and how to comply with them.