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Is this another example of the inability of the SRA to draft guidelines for professional conduct that are capable of unequivocal interpretation? In particular, example two does not make it clear whether the two elements thereof are mutually exclusive or inclusive. More precisely, is it unacceptable behaviour:

- (a) to make derogatory remarks only if they refer to women; and - (b) to make sexually explicit remarks regardless of the gender of the person about whom they are made?

or is it only sexually explicit remarks which refer to women that are unacceptable? Or do all sexually explicit remarks, regardless of the gender of the maker or the person to whom they are addressed, fall within example one as being 'offensive .... comments relating to another person's ..... sexual orientation'?

I really do think that the SRA should have instructed a solicitor, with good commercial contract drafting skills, to advise it and, preferably, to draft the guidance note or, at least, to proof read it before issue!