Kirsten Tomlinson

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

Kirsten Tomlinson, a Senior Associate Solicitor in family law at Irwin Mitchell LLP, admitted that on 22 September 2023 she sent a false/misleading email to an unrepresented opposing party (Person B) claiming a court application was in place when none existed, and on 26 September 2023 instructed a junior colleague to continue misleading Person B. She admitted dishonesty and breaches of Principles 2, 4 and 5 and paragraph 1.4 of the Code. The matter was resolved by agreed outcome on the papers. Finding express dishonesty and no exceptional circumstances, the Tribunal ordered her to be struck off the Roll and to pay costs of £1,000.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• Good faith and courtesy to colleagues

Aggravating factors:

• Conduct was not a one-off but repeated over two occasions
• Compounded misconduct by instructing a junior colleague to continue misleading Person B
• Person B was an unrepresented party with a power imbalance
• Experienced solicitor (13 years admitted) aware of regulatory obligations
• Adversely impacted Person B, who had disclosed anxiety and stress about court threats
• Adversely impacted the Firm, requiring corrective work and apology
• Conduct only came to light because a colleague raised concerns

Mitigating factors:

• 15-year previously unblemished career
• Positive character references
• Full admissions and cooperation
• Misconduct rectified by the firm immediately; case resolved by consent
• No financial loss to either party and no personal gain
• Genuine remorse expressed