A male former managing associate with US firm Orrick Herrington & Sutcliffe has been found to have inappropriately touched two female colleagues – but the tribunal did not find that he exploited his position. Lewis Brady, admitted in 2017, was today suspended from practice for 12 months.
The Solicitors Disciplinary Tribunal today found Brady put his hand inside the bra of a female colleague during a taxi ride after a night out. This contact was unwanted and sexually motivated. The tribunal noted in particular messages exchanged by Brady and the complainant the next morning, when he apologised and she had said in effect ‘when I say no, I mean no’.
Brady was also found to have touched a paralegal colleague’s bottom one or more times on a night out in 2021. This was again unwanted contact and sexually motivated.
Six allegations relating to incidents on other nights were found not proved following a five-day hearing. On the matters proved, the tribunal found Brady had acted without integrity and had failed to uphold public trust in the solicitors’ profession, but he had not abused his position by taking unfair advantage of others.
Brady denied the allegations. At the time of the relevant conduct the 32-year-old was a managing associate at Orrick Herrington & Sutcliffe. He does not hold a current practising certificate.
Brady had also tried to argue that the tribunal did not have jurisdiction to hear the allegations as the matters complained of did not take place in a work setting.
Before giving its decision, the tribunal said the matter was so serious as to come within the scope of legal regulation.
In mitigation, Brady’s representative said his client would not have expected this behaviour to have ended up in disciplinary proceedings in circumstances which were so far removed from his practice.
Brady was said to be ‘plainly upset and apologetic that he could have caused harm to people who were ultimately some of his closest friends’. The tribunal had heard the events in question took place in a ‘work hard, play hard’ culture, and Brady’s lawyer said there was ‘perhaps a toxic culture’ of a busy workload and demanding clients which was not ‘conducive to upholding the highest standards’.
The SRA claimed for £105,980 in costs in total and Brady was ordered to pay £95,000. A full judgment with reasons will be published in around seven weeks.
