header-logo header-logo

Misconduct rules updated

09 September 2022
Issue: 7993 / Categories: Legal News , Profession , Regulatory
printer mail-detail
Solicitors have been issued with guidance on sexual misconduct, following a rise in complaints made to the Solicitors Regulation Authority (SRA)

The guidance highlights that intoxication is not a defence, and covers factors such as unequal power relationships, career incentives or disincentives, social media, consensual workplace relationships that become non-consensual and sexualised comments.

The guidance, published last week, illustrates how far a solicitor’s professional obligations apply to their private lives, noting serious non-consensual sexual touching in situations ‘totally removed from legal practice’ and with no criminal proceedings attached may still amount to professional misconduct. It refers to the case of former Freshfields partner Ryan Beckwith, Beckwith v SRA [2020] EWHC 3231 (Admin), in which the High Court endorsed regulation of professionals by reference to private conduct although it quashed the Solicitors Disciplinary Tribunal finding against Beckwith.

Since 2018, when the SRA issued a warning to law firms about the use of non-disclosure agreements, 251 reports of potential sexual misconduct have been made, compared to just 30 in the preceding five years. The SRA currently has 117 on-going investigations.

Paul Philip, SRA Chief Executive, said: ‘These can be sensitive and difficult issues and we want to be clear about our expectations, not least for firms, as people often come to us because they are dissatisfied with the way their firm has dealt with their concerns.’

The SRA also published guidance on its approach to criminal convictions connected with protests, demonstrations or matters of principle or social conscience. It said it had ‘broad discretion to consider the context’ and was unlikely to take regulatory action if there was no significant harm to others or damage to property involved. Other factors taken into consideration would be whether the offence undermined the rule of law or administration of justice (such as resisting arrest).
Issue: 7993 / Categories: Legal News , Profession , Regulatory
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll