The Solicitors Disciplinary Tribunal has found it would be ‘undesirable’ for a partner and head of regulatory at international firm Ashurst’s Madrid office to be involved in a legal practice after it found he behaved inappropriately with two female colleagues.
Manuel Lopez-Martinez is a registered foreign lawyer and was working for Ashurst when he was alleged to have, between December 2018 and June 2021, behaved inappropriately and/or engaged in conduct which he knew or ought to have known was unwanted in relation to Person A, a junior member of staff. He was also alleged to have, between January 2021 and July 2021, behaved inappropriately and/or engaged in conduct which he knew or ought to have known was unwanted in relation to Person B.
Lopez-Martinez, who left Ashurst following an investigation and is now understood to be employed by a firm in Spain not regulated by the Solicitors Regulation Authority, denied the allegations against him.
The tribunal found the allegations in relation to Person B proved in their entirety, finding that Lopez-Martinez had, on one occasion, grabbed Person B’s hands or wrists and attempted to pull her towards him as she moved to leave. He ‘held her in a forceful manner’ and ‘attempted to turn her towards him, despite her trying to resist and saying “no” and “no, not again, don’t do this, stop please” (or words to that effect)’ and ‘attempted to kiss her’.
Referring to the allegations involving Person B, the SDT judgment said: ‘The tribunal was satisfied that each of the matters relied upon by the applicant had occurred as alleged. The tribunal found that while some of the events taken in isolation would not, in and of themselves, amount to undesirable conduct, taken together, it was clear that Dr Lopez-Martinez had pursued a course of conduct which amounted to undesirable conduct.’
It added that Lopez-Martinez’s conduct was sexually motivated, but he had not abused his position.
Read more
‘The tribunal did not find that Dr Lopez-Martinez had used his position to engage in a course of conduct that was unwanted and inappropriate; he had used his friendship with Person B to do so,’ the SDT said.
Of the allegations relating to Person A, most of the alleged incidents were found proved, including that on one occasion he had entered Person A’s bedroom after taking her home following a night out and ‘touched Person A on one or more parts of her body and/or hugged or attempted to touch and/or hug Person A, without her consent’.
The SDT said: ‘Such conduct, the tribunal found, made it undesirable for Dr Lopez-Martinez to be involved in a legal practice in accordance with section 43(1) of the act.’
The SDT said Lopez-Martinez’s conduct was sexually motivated, but he had not abused his position. ‘While he had crossed professional boundaries, he had not used his position of seniority in order to engage in improper conduct,’ it said.
Lopez-Martinez was made subject to a section 43 order, which prohibits him from being employed or remunerated by a solicitor, recognised body, employee of a solicitor, or manager or employee of a recognised body, without the SRA’s prior permission. He was also ordered to pay £61,561.48 in costs.
