Emma Smith

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Barrister Emma Smith admitted three charges of professional misconduct arising from a Family Court hearing on 19 June 2024, where she deliberately allowed the court and the unrepresented father to be misled about the fact that her client had already moved a child to a new nursery in breach of a Specific Issue Order. The tribunal found admitted dishonesty. She self-reported and did not seek any lesser sanction than disbarment. With no exceptional circumstances, the tribunal ordered disbarment plus £3,210 costs payable to the BSB.

Duties found breached:

• Overriding duty to the court
• Not mislead third parties or opponents
• No conflict between current clients

Aggravating factors:

• Deliberately allowed the court to be misled on a matter in dispute
• Opposing party (father) was unrepresented
• Dishonesty in the face of the court

Mitigating factors:

• Self-reported to the BSB two hours after the hearing
• Admitted all charges and never sought to evade responsibility
• Frankness before the tribunal
• Conduct out of character for an otherwise exemplary practitioner
• Powerful reference from former head of chambers
• No serious long-term consequences (move later allowed)