James Campbell Kilpatrick

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

The Respondent, an assistant solicitor, repeatedly and systematically misled his client (YK) over several months into believing that contact proceedings for his son had been issued and conducted, when no proceedings had ever been instigated. He fabricated court hearings, attended court with the client under false pretences, invented a judge's decision, and lied to staff. He eventually confessed via a text 'professional suicide note' to his employer and was dismissed for gross misconduct. The Tribunal found allegation 1 proved with breaches of Rules 1.02, 1.04, 1.05 and 1.06, and found dishonesty proved under both limbs of the Twinsectra test. Despite significant mitigation and no personal gain, the Tribunal found the case did not fall within the exceptional minority where striking off is inappropriate and ordered the Respondent struck off the Roll, plus costs of £10,000.

Duties found breached:

• Uphold public trust in the profession
• No conflict between current clients
• Competence

Aggravating factors:

• Repeated and systematic misleading of client over a period of several months
• Fabricated an entire litigation case including invented court hearings and a fabricated judge's decision
• Lied to a member of staff (claiming CAFCASS information was for his wife)
• Client's objectives prejudiced - took no steps to obtain contact with child or prevent child being taken abroad

Mitigating factors:

• No personal or financial gain
• Otherwise a man of integrity and competent advocate
• Impressive testimonials and character evidence from Mr Wesencraft
• Timely admission of underlying facts
• Voluntarily confessed via text message to employer rather than being caught
• Unblemished prior career, no previous appearances
• Ongoing psychiatric therapy and personality factors
• Difficult, volatile client and unfamiliar area of law