Past disciplinary findings

Emma Smith, a barrister, failed to act with honesty and with integrity and/or acted in a way which could reasonably be seen by the public to undermine her honesty and integrity, in that, on 19 June 2024, at a hearing in the Family Court, she advanced an application for an order to change the nursery of her client’s child, which application gave the impression that the child was yet to move to an alternative nursery. This was misleading, as her client had already moved the child to an alternative nursery, in breach of an existing Specific Issue Order. Ms Smith knew this, as her client had told her in a conference on 5 June 2024. Ms Smith failed to draw this relevant fact to the Court’s attention.

Emma Smith, a barrister, failed to observe her duty to the court in the administration of justice, in that, on 19 June 2024, at a hearing in the Family Court, she advanced an application for an order to change the nursery of her client’s child, which application gave the impression that the child was yet to move to an alternative nursery. This was misleading, as her client had already moved the child to an alternative nursery, in breach of an existing Specific Issue Order. Ms Smith knew this, as her client had told her in a conference on 5 June 2024. Ms Smith failed to draw this relevant fact to the Court’s attention.

Emma Smith, a barrister, made submissions, representations or a statement which she knew or was instructed were untrue or misleading, in that, on 19 June 2024, at a hearing in the Family Court, she told the Court that her client had made an application to move her child to an alternative nursery, thereby giving the impression that the child was yet to move to the alternative nursery. This was misleading, as her client had already moved the child to an alternative nursery, in breach of an existing Specific Issue Order. Ms Smith knew this, as her client had told her in a conference on 5 June 2024. Ms Smith failed to draw this relevant fact to the Court’s attention.