A HIGH-PROFILE solicitor faces unprecedented disciplinary proceedings today for disclosing court documents to her sister Harriet Harman, the government minister.

In a test case on the secrecy of family court cases, Sarah Harman is being prosecuted by her professional body, the Law Society of England and Wales. She faces penalties ranging from a reprimand to being struck off.

The case, in which Harriet Harman, a junior minister with the Lord Chancellor, is to give evidence on her sister’s behalf, has already prompted a change in the rules by the Department for Constitutional Affairs.

The prosecution comes after Sarah Harman, a leading expert in childcare law, was found in contempt of court over the release of the documents. But her counsel, James Badenoch, QC, is expected today to argue that she breached court rules unwittingly and denies any intention deliberately to mislead the court.

The case arose when Ms Harman was representing a mother in care proceedings accused of trying to poison her two-year-old daughter. The mother asked Ms Harman, her solicitor, to provide the Solicitor-General — the post then held by Harriet Harman — with a copy of the judgment and the media with details of her case. Sarah Harman did so, having taken advice that she was permitted in law to do so.

But the judge, Mr Justice Munby, reprimanded the mother and Ms Harman for disclosing details of the case and Kent County Council reported Sarah Harman to the Solicitors’ Disciplinary Tribunal.

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