Solicitor struck off after covertly filming junior colleague

A solicitor who ‘struck fear into the heart’ of a junior colleague after inundating her with messages has been struck off.

Richard Ashley Smith, 59, admitted all the allegations against him, including that his conduct was sexually motivated.

The Solicitors Disciplinary Tribunal heard that he sent over 1,000 messages to Person A, gave her gifts and invited her to dinner. He also took covert images and videos of her, which he claimed was so he could paint her.

The allegations dated from 2017 to 2019 when Smith was a partner at an undisclosed firm. Smith self-reported to the Solicitors Regulation Authority after he was arrested and bailed by the British Transport Police.

The BTP was called following a report from a member of the public that Smith had photographed Person A without her knowledge while on a train. He was accused of upskirting and the photos were deleted.

Smith, admitted to the roll in February 1989, was bailed on condition he did not contact Person A, but broke his bail conditions and wrote her a note.

Person A ‘withdrew her allegations but not the truth of them’, as she did not want to go through a hearing.

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.’

The tribunal heard the messages were sent ‘at all times including overnight and whilst she was on holiday’.

The tribunal heard Smith ‘lost his way’ and ‘may well have suffered a midlife crisis’.

Jonathan Goodwin, for Smith, 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.’

He told the tribunal Smith’s messages were not sexualised, adding: ‘The nature of the respondent’s conduct led to an obsessive addiction of the friendship with 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 was struck off and ordered to pay £59,550 in costs.