Kevin Frederick MacPherson

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Kevin Frederick MacPherson, a solicitor and principal/partner in a Stornoway firm, was found guilty of professional misconduct. Between March 2011 and August 2013 he engaged in an improper course of conduct towards a trainee solicitor (TS) involving sexually explicit email references to her in correspondence with a female employee of another firm (Ms D), 136 out-of-hours text messages, and repeated unwanted invitations to socialise - amounting to harassment and abuse of his position of authority. He also, on 22 June 2012, exchanged emails referencing a child complainer's statement in a sexual abuse case in which his client (a minor) was the accused, in terms demonstrating he found the child's statement titillating or sexually gratifying, breaching client confidentiality. The Tribunal rejected his ECHR Article 8 admissibility challenge regarding the emails (found on his unprotected work computer). The Tribunal found his admission that he found the sexual abuse of a child titillating revealed he was a danger to the public, and that he showed no insight. The Tribunal ordered that his name be struck off the Roll of Solicitors. No express finding of dishonesty was made (the findings related to integrity). He was found liable in the expenses of the Complainers and Tribunal, taxed on an agent and client basis (unit rate £14.00); no fixed amount stated. Publicity ordered including his name but not identifying others.

Duties found breached:

• Act in the client's best interests
• No conflict between current clients
• No unlawful discrimination or harassment
• Professional independence
• Uphold public trust in the profession

Aggravating factors:

• Predatory assessment of a junior employee/trainee
• Betrayal of trainee's trust
• Escalating course of conduct over a sustained period (March 2011 to August 2013)
• Significant number of text messages (136) sent over a two-year period
• Used circumstances of an alleged sexual crime against a child to further a sexual conversation
• Demonstrated no insight into his conduct
• Failed to remove pornographic material/correspondence even after being warned
• Found to be a danger to the public; employees, colleagues and clients at risk

Mitigating factors:

• Attended the hearing in person and cooperated by entering into a joint minute
• Admitted misconduct
• Expressed remorse and apology
• No physical element to the misconduct
• No threat to the trainee or evidence of lasting effect on her career
• No previous conduct findings
• Practised satisfactorily for approximately eight years without repetition
• No criminal prosecution arose
• Suffered considerable financial loss (removed from SLAB register, loss of partnership income)