Solicitor struck off for sexually loaded emails

A solicitor has been struck off for professional misconduct by sending improper text messages to a trainee at his own firm, and sexually explicit emails to a female employee of another firm.

The Scottish Solicitors' Discipline Tribunal took the action against Kevin Macpherson, of Stornoway, for his conduct between March 2011 and August 2013 in respect of the trainee, and from 22 June 2012 in respect of the other female employee.

The tribunal found that Mr Macpherson had repeatedly sent text messages to the trainee in relation to matters which did not fall within the sphere of her professional duties, attempting to persuade her to socialise with him, visit him at home and befriend his fiancée. He admitted that this amounted to harassment of his trainee and an abuse of his position of authority, although she did not attribute significance to them until after the other emails were discovered.

Further, in email correspondence with the other female employee, with whom he was friendly, he made repeated reference to his trainee in sexually explicit terms. He also referred to the statement of a child complainer in a case sexual abuse by another young person, to which he had access in his capacity as the accused’s solicitor, thereby breaching client confidentiality.

This drew Mr Macpherson's integrity into question and the profession into disrepute, the tribunal found, and striking off was the only appropriate sanction. Mr Macpherson had admitted that he found the sexual abuse of a child titillating and sexually gratifying and had used those circumstances to further a sexual conversation. This conduct was a danger to the public and showed that he was not a fit person to be a solicitor. Suspension or restriction of his practising certificate would not protect the public in the longer term, and restriction could not in practical terms ensure that this sort of conduct would not be repeated.

Click here to access the full findings.