A former partner at City firm Bird & Bird’s Brussels office who abused his position by behaving inappropriately toward a subordinate has been barred from the profession for five years.
Takeshige Sugimoto admitted that, while in a position of seniority, he acted inappropriately towards a junior legal consultant who reported directly to him. Sugimoto, who is not a solicitor, admitted that while a registered foreign lawyer he pursued a course of conduct which he knew or ought to have known was inappropriate towards Person B and was sexually motivated.
In an agreed outcome between Sugimoto and the Solicitors Regulation Authority the lawyer admitted sending more than 900 WhatsApp messages that were inappropriate in volume and/or content and he had touched the colleague by ‘taking her hand and trying to hug her’.
This week's substantive hearing, until Tuesday 27 August, was mainly heard in private yesterday morning. An agreed outcome, which included Sugimoto’s admissions and the section 43 sanction was accepted by the Solicitors Disciplinary Tribunal.
Sugimoto was the head of a team at Bird & Bird’s Brussels branch at the time of the inappropriate conduct. He was expelled by the firm on 23 July 2019. He is now employed in Japan by a firm that is not regulated by the SRA.
According to the agreen outcome, when Person B first joined the firm, Sugimoto invited her to dinner which he said was tradition for newcomers. During the dinner he asked her personal questions, ‘told her she was different from the other girls in the team and that he liked her a lot’.
The agreed outcome said: ‘Before she left him for the evening, Person B states that the respondent took her hand, which she withdrew. The behaviour exhibited towards Person B by the respondent on the first evening was to be repeated throughout the next two months. Person B states that the respondent persisted during this period in asking very personal questions about her relationship status, including whether she had a boyfriend, what kind of men she liked and whether she was meeting up with male friends.'
Sugimoto 'also told Person B on more than one occasion of his strong feelings for her, that he loved her and wished to pursue a relationship with her'.
Between 27 Junary 2019 and 27 March 2019, Sugimoto sent 989 WhatsApp messages, 751 out of hours. The agreed outcome said Sugimoto ‘on occasion…sent high volumes of messages in a short time frame’. On 10 February 2019, for example, '[Sugimoto] sent Person B 91 messages'.
The agreed outcome said the effect of Sugimoto’s behaviour on Person B was ‘profound’ and Sugimoto ‘used his position to pursue a course of conduct that was highly inappropriate’.
It said: ‘The respondent had direct control over Person B’s career. There was a significant power imbalance between the two of them and the Respondent and he inappropriately attempted to pursue a romantic relationship which was an abuse of his position.
Sugimoto admitted his conduct was ‘predominantly sexually motivated’ and he was ‘seeking a romantic relationship with Person B’. He admitted abusing his position as Person B’s direct line manager.
A section 43 order was imposed on Sugimoto as part of the ageeed outcome and will be in place for five years. Section 43 restrictions mean Sugimoto cannot be employed or remunerated by a solicitor or recognised body except with the SRA’s prior written permission. Sugimoto must also pay £36,000 in costs.
Thomas Nicholson, who represented Sugimoto in the SDT proceedings, said: ‘Mr Sugimoto notes that the disciplinary matters relate to events five and a half years ago in Brussels. It is accepted that Mr Sugimoto pursued a consensual relationship with a work colleague at a time immediately following the death of his father and separation from his family, whilst dealing with grief and depression.
‘He now acknowledges this attempt was not appropriate, given the power imbalance between them.
‘It should be noted that the Brussels Bar Association took no action, having reviewed the material, and the SRA took four years to begin disciplinary proceedings. Mr Sugimoto cooperated with the proceedings and reached an agreed outcome with the SRA. Mr Sugimoto respects the decision of the Solicitors Disciplinary Tribunal to endorse that agreement.’
