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A partner at a city law firm who had a “sexual encounter” with a junior lawyer overturned a £ 35,000 disciplinary fine after the higher court criticized professional regulators for delving too deeply into his private life.
Ryan Beckwith, who was with Freshfields Bruckhaus Deringer, was found guilty last year of violating the rules set by the Lawyers Regulation Authority (SRA) because his conduct affected the reputation of the profession. He was also ordered to pay £ 200,000 in costs.
On Friday, Dame Victoria Sharp, president of the Queen’s Bench division, and Judge Swift did in fact berate legal regulators, redefining the narrow disciplinary line that divides professional performance from private behavior.
“There can be no hard and fast rule [that SRA edicts can] never address the private life of the regulated person, or that any aspect of the [a solicitor’s] private life is subject to scrutiny, ”the judges said.
Such rules, they added, should only apply when part of a person’s private life “realistically touches” his practice of the profession or position of the profession.
“Any such conduct must be … demonstrably relevant [and] commit to one or another of the standards of behavior that are established or are necessarily implicit in the [SRA] manual ”, said the judges.
“In this way, the fair balance required between the right to respect … private life and the public interest in regulating the legal profession is achieved.
“Regulators would do well to recognize that it is too easy to be dogmatic without knowing it; Popular protest is not proof that a particular set of events gives rise to any issue that is within the purview of a regulator. “
The two judges also struck down the original order for Beckwith to pay SRA £ 200,000 to cover its costs, describing the amount claimed by the regulator as “alarming.”
The incident itself took place in July 2016. The woman, an associate attorney, was already in the process of leaving the law firm and had been drinking with friends one night.
Beckwith, who was married, joined them. Shortly after midnight he left in a taxi with the woman who was part of his legal team within the firm.
The Disciplinary Lawyers Court determined that “both got out of the taxi when it arrived at [her] home. “Beckwith told her she” needed to use the bathroom. “She agreed. There was a” sexual encounter “between them in their bedroom. She left in the early hours of the morning.
The court determined that Beckwith was in a position of seniority and authority over the woman. He also concluded that he knew she was “highly intoxicated and that her judgment and decision-making ability were impaired.”
It was not found that he had abused his position of authority, but rather, by engaging in sexual activities, he had acted “inappropriately”. Such conduct was said to violate his “obligation to act with integrity” and “to conduct himself in a manner that maintains the trust that the public places in lawyers and the provision of legal services.”
A spokesperson for the SRA said: “We will carefully examine the higher court ruling before considering next steps.”
