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).
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