James Campbell Kilpatrick

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

James Campbell Kilpatrick, an assistant solicitor, repeatedly and systematically misled a client over several months into believing that contact proceedings concerning the client's son had been issued and conducted, when no application had ever been lodged. He fabricated hearings, attended court with the client, invented a judge's decision and a contact appointment, and lied to a staff member. The Tribunal found breaches of Rules 1.02, 1.04, 1.05 and 1.06 of the Solicitors Code of Conduct 2007 and made an express finding of dishonesty under both limbs of the Twinsectra test. Despite no personal gain, strong testimonials, and a psychiatric report, the Tribunal held the case did not fall within the exceptional minority and ordered the Respondent struck off the Roll, with costs of £10,000.

Duties found breached:

• Not mislead the court
• Uphold public trust in the profession
• No conflict between current clients
• Competence

Aggravating factors:

• Sustained course of conduct over several months rather than a single act
• Fabricated an entire litigation case including invented hearings and a judge's decision
• Lied to a member of staff to obtain information
• Adverse effect on client whose objectives to obtain contact with and prevent abduction of his son were prejudiced

Mitigating factors:

• No personal or financial gain
• Early and candid admission of the underlying facts
• Otherwise a man of integrity and very competent advocate
• Impressive testimonials and character witness evidence
• Difficult and demanding client who caused stress; Respondent inexperienced in private law contact matters
• Voluntary confession via text to employer rather than waiting to be confronted
• No previous disciplinary appearances