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, sent a misleading email on 22 September 2023 to an unrepresented opposing party (Person B) stating a court application was in place and would be withdrawn once documents were returned, when no such application existed. On 26 September 2023 she instructed a junior colleague to continue misleading Person B. She admitted both allegations and that her conduct was dishonest. The Tribunal, dealing with the matter on the papers via an agreed outcome, found dishonesty with no exceptional circumstances and ordered that she be struck off the Roll and pay costs of £1,000.

Duties found breached:

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

Aggravating factors:

• Conduct was not a one-off; repeated over 22 and 26 September 2023
• Failed to correct misrepresentation and instead instructed a junior colleague to continue misleading the unrepresented party
• Person B was an unrepresented party creating a power imbalance
• Experienced solicitor (13 years on the Roll) and Senior Associate aware of regulatory obligations
• Adverse impact on Person B who had disclosed anxiety and stress from court threats
• Adverse impact on the Firm requiring corrective work and apology

Mitigating factors:

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