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
Kate Jane Austen, a consultant solicitor at Dunn & Baker, sent three oppressive and inappropriate emails on 20 January 2023 to a former client (Client A), intimidating her into not making or withdrawing complaints to the SRA and LeO by threatening injunction proceedings, contempt of court, imprisonment and costs, and exaggerated adverse consequences. The Tribunal found her culpability high and noted she admitted a lack of integrity (not dishonesty). On an agreed outcome, she was suspended for 12 months followed by a 24-month restriction order limiting her to SRA-approved employment, and ordered to pay £25,000 costs.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Misconduct involved deliberate intimidation of a member of the public to dissuade her from making/withdrawing a complaint to the SRA and/or LeO
- Conduct formed a concerted effort by an experienced solicitor amounting to an abusive threat of litigation
- Risk of harm in obstructing effective regulatory oversight was clearly foreseeable given the Respondent's intent
- Adversely affected the reputation of the legal profession
Mitigating factors:
- Full admissions and cooperation with the regulator
- Isolated lapse in an otherwise unblemished career
- Expressed remorse and demonstrated insight
- Demonstrated how risk of repetition could be mitigated
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising