Respondent AR
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors Accounts Rules 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a partner at the firm's Office X, made unwanted, inappropriate and sexually motivated comments to Person A at a colleague's leaving drinks on 30 June 2022, repeatedly saying words to the effect of "I want to dominate you sexually" and "you'd like it" despite being told to stop. He admitted the allegations and a lack of integrity (the Tribunal made no express finding of dishonesty). The matter was resolved by Agreed Outcome. The Tribunal found culpability high and harm to Person A reasonably foreseeable, and determined suspension was appropriate, declining to strike off. He was suspended for 24 months and ordered to pay agreed costs of £32,655.07. By majority decision the Tribunal anonymised the judgment on the basis of joint expert medical evidence showing publication would risk serious harm to the Respondent's Article 2 and 8 rights; the lay member dissented.
Duties found breached:
Aggravating factors:
- The misconduct was deliberate
- The misconduct included sexual misconduct (though sexualised touching was not alleged)
- The Respondent knew or ought reasonably to have known the conduct was in material breach of obligations to protect the public and the reputation of the legal profession
Mitigating factors:
- Voluntarily notified the regulator (self-report) of the facts and circumstances giving rise to misconduct
- Misconduct was a single episode or of very brief duration
- Previously unblemished career
- Made full admissions
Codes & rules applied
Duties engaged
- Account for interest on client money
- Accounting records, reconciliation and reports
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- No improper use of client money
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal handling of client money
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Prompt accounting and return of money
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Segregate client money
- Self-report to the regulator
- Truthful, non-misleading advertising