Decision record
Richard Ashley Smith
Allegation / charges
Code of Conduct 2011, Lack of Integrity, SRA Principles 2011
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Richard Smith, an equity partner, pursued an unwanted and inappropriate course of conduct towards a junior colleague (Person A) between December 2017 and November 2019, including covertly photographing her (including an upskirting image), sending over 1000 unanswered WhatsApp messages, repeated dinner invitations, unwanted gifts, and breaching a police bail non-contact condition by leaving a note in her desk. He admitted the allegations including that his conduct at 1.1.1-1.1.4 was sexually motivated. The Tribunal found the conduct amounted to a lack of integrity (no express finding of dishonesty), assessed seriousness as extremely high given the predatory sexual nature and abuse of a position of trust, and struck him off the Roll. He was ordered to pay costs of £59,550.
Duties found breached:
- Integrity
- No taking unfair advantage
- No unlawful discrimination or harassment
- No conflict between current clients
Aggravating factors:
- Conduct was sexually motivated (admitted)
- Deliberate, calculated and repeated over a period of time
- Abuse of position of power/trust as a partner and direct supervisor over a junior colleague
- Linking Person A's potential promotion to having dinner with him
- Continued despite warnings from a colleague to desist
- Flagrant breach of police bail non-contact condition by leaving the Note
- Conduct of a predatory sexual nature
- Significant harm caused to Person A's physical and mental health
- Attempted to conceal conduct with initial denials
Mitigating factors:
- Voluntary self-report to the SRA
- Previously unblemished 34-year record
- Open and early admissions
- Full co-operation with the investigation and proceedings
- No repetition of the conduct
- Positive testimonials as to character and quality of work
- Underlying undiagnosed and untreated medical condition