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
The Tribunal, on the papers and via an agreed outcome, found that Kate Jane Austen, a consultant solicitor at Dunn & Baker, sent three oppressive and inappropriate emails to a former client on 20 January 2023 intended to intimidate her into not making, or withdrawing, complaints to the SRA and Legal Ombudsman by threatening an injunction, contempt of court, imprisonment and costs. She admitted breaching Principles 2 and 5 and paragraph 7.5 of the Code. The Tribunal found a lack of integrity (not dishonesty) and high culpability. She was suspended for 12 months, made subject to a 24-month Restriction Order limiting her to SRA-approved employment, and ordered to pay £25,000 costs.
Duties found breached:
Aggravating factors:
- High culpability - the emails were a concerted effort by an experienced solicitor
- Conduct designed and intended to intimidate Client A into not making or withdrawing complaints to the SRA/LeO
- Threatened meritless claims and exaggerated consequences including imprisonment for contempt
- Communications directed at a member of the public/litigant
- Foreseeable risk of harm to effective regulatory oversight and to reputation of the profession
Mitigating factors:
- Full admissions and cooperation with the SRA
- Isolated lapse in an otherwise unblemished professional career
- Genuine remorse, insight and apology
- Removed herself from contentious litigation, reducing risk of repetition
- Personal mitigation including mental health difficulties
- Three emails were unsuccessful as Client A did make a complaint
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