Kate Jane Austen
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Tribunal, on the papers and via an agreed outcome, found that Kate Jane Austen, a consultant solicitor at Dunn & Baker, sent three oppressive and inappropriate emails to a former client on 20 January 2023 intended to intimidate her into not making, or withdrawing, complaints to the SRA and Legal Ombudsman by threatening an injunction, contempt of court, imprisonment and costs. She admitted breaching Principles 2 and 5 and paragraph 7.5 of the Code. The Tribunal found a lack of integrity (not dishonesty) and high culpability. She was suspended for 12 months, made subject to a 24-month Restriction Order limiting her to SRA-approved employment, and ordered to pay £25,000 costs.
Duties found breached:
Aggravating factors:
- High culpability - the emails were a concerted effort by an experienced solicitor
- Conduct designed and intended to intimidate Client A into not making or withdrawing complaints to the SRA/LeO
- Threatened meritless claims and exaggerated consequences including imprisonment for contempt
- Communications directed at a member of the public/litigant
- Foreseeable risk of harm to effective regulatory oversight and to reputation of the profession
Mitigating factors:
- Full admissions and cooperation with the SRA
- Isolated lapse in an otherwise unblemished professional career
- Genuine remorse, insight and apology
- Removed herself from contentious litigation, reducing risk of repetition
- Personal mitigation including mental health difficulties
- Three emails were unsuccessful as Client A did make a complaint