British attorney, Richard Ashley Smith, was struck off the rolls by the Solicitors Disciplinary Tribunal for obsessive behavior toward a junior attorney at the unnamed firm where he was a partner. The Tribunal heard Smith sent 1000+ messages to his junior colleague — identified as Person A — including late night and while she was on vacation. He also gave her gifts, took her to dinner, and secretly took photos and video of Person A.
It was those clandestine photos that eventually led to Smith’s downfall. Members of the public witnessed Smith taking photos of A on a train, and the British Transport Police was contacted. As reported by the Law Gazette:
Describing the incident on the train, Louis Weston, for the SRA said: ‘It was in reality the occasion on which Mr Smith was caught behaving as he had been for many, many months in the workplace and in public.
‘It is a matter of capture that brought these matters to a head. The involvement of the British Transport Police led to the analysis of Mr Smith’s phone and his contact with Person A. The British Transport Police also found on the phone 60 videos of Person A, all of which appeared to be taken covertly [and] hundreds of images of her.’
Referring to a message in which Smith said he wanted to help Person A get her salary increased to £50,000, Weston said: ‘[Smith] was in a position of power and influence on her career.’
Following this incident, Smith self-reported the arrest to the ethics board.
The panel determined Smith’s conduct violated the trust put in him by his position, and “struck fear into the heart of Person A.”
Paul Lewis, panel chair, said: ‘Richard Smith struck fear into the heart of Person A when on holiday. She feared she had to respond or he would travel to meet her. That fear was not misguided but well-founded.
‘The conduct was prolonged not only over a period of time but [Smith] failed to adhere to a warning of a colleague to desist. Numerous photos were taken without her permission including at least one that would properly be described as upskirting…showing her knees. He accepted he was sexually motivated. The police were contacted, and that image was deleted.
‘Person A’s physical and mental health suffered as a direct consequence of interactions with Mr Smith. [Smith’s conduct] amounted to repeated and prolonged abuse of position of trust.’
Smith’s representative, Jonathan Goodwin, said, “He wishes to apologise to Person A who was significantly affected and wishes moreover to apologise to the wider public, the profession, his regulator and this tribunal for his behaviour subject to the allegations.”
In addition to being struck off, Smith was ordered to pay £59,550 in costs.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.