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Let's remember Karen

21st February 2024

Obituary of Karen Kirk, Solicitor Advocate

Friends and colleagues will be saddened to learn of the death of Karen Kirk, Solicitor Advocate, on 14th February 2024 at the age of 44.

Karen graduated from Strathclyde University. In 2002 she began her traineeship at Legal Services Agency, ultimately being made Associate and thereafter Partner. Karen specialised in mental health and incapacity law.

Throughout her 16 years at LSA, Karen developed extensive civil litigation experience, including regular appointments as Safeguarder under the Adults with Incapacity (Scotland) Act 2000 and as curator ad litemat the Mental Health Tribunal for Scotland. She became a Solicitor Advocate in 2009. From 2014 to 2019 she was accredited by The Law Society of Scotland as a specialist in mental health law and in incapacity and disability law. Karen went on to provide consultancy and legal support to JustRight Scotland’s Women’s Rights Project in its infancy.

Karen gave generously of her time in order to share this expertise with others, both as a tutor in Civil Litigation on the Diploma in Legal Practice at the University of Glasgow and as a member of the Law Society Mental Health and Disability Committee. She has given evidence to the Equalities and Human Rights committee of the Scottish Parliament. She was also a volunteer member of the Action for Children’s Independent Review Panel.

In recent years Karen enjoyed the balance of dividing her time between practice and a number of judicial roles. She was appointed as a Legal Member of the Housing and Property Tribunal in 2017 and the Mental Health Tribunal in 2018. In 2022 she was appointed both to the office of Part-Time Summary Sheriff and as a legal member of the Social Security Tribunal.

In March 2020 Karen achieved another ambition, setting up her firm KirkHanlon Solicitors alongside her long-term friend and colleague Deirdre Hanlon. Their firm specialised in providing a bespoke, person-centred service in relation to incapacity law advice and representation. Karen and Dee co-wrote the Mental Welfare Commission publication ‘Consenting Adults: capacity rights and sexual relationships’ in order to assist others to navigate this complex area. Despite inadvertently launching her legal practice at the start of the Covid-19 pandemic, Karen navigated her way through this challenge with her typical drive and determination.

Karen improved the lives of many through her tireless passion for ensuring access to justice for those who faced the greatest barriers. Throughout her career she supported and inspired countless trainees and colleagues, with her astute legal skills, selfless determination and unique sense of humour. Even those on opposing sides of her often-complex cases had the greatest respect for her tenacity.

Most of all, Karen was devoted to her family and enjoyed a busy social life. She was the beloved wife of Martin Kirk and a loving mother to their two young boys, always happiest at home with her family and her dogs. Our thoughts are with her family and her many friends.

Karen was taken too soon after an illness which she did not let stand in her way. It was a privilege to have had her in our lives.

Law Society of Scotland President, Sheila Webster has paid tribute to Scottish solicitor, Karen Kirk, who sadly passed away on 14 February 2024.

“We were saddened to hear of the recent passing of our friend and colleague Karen Kirk.

"An active member of the Scottish legal profession, Karen was a Summary Sheriff, a Solicitor Advocate, a member of the Mental Health and Housing and Property Tribunals and a tutor  in Civil Litigation and advanced civil litigation in the diploma for legal practice at Glasgow University.

"She was a longstanding and dedicated member of the Law Society’s Mental Health and Disability Committee and her contribution over the years was greatly valued by her fellow committee members and the staff team. Having worked in disability, incapacity and mental health law for many years, Karen was always willing to share her expertise - whether that was in giving evidence to the Scottish Parliament on behalf of the Society on temporary modification of mental health and mental capacity legislation during the coronavirus pandemic, or representing the views of practitioners on the proposals for reform emerging from the Scottish Mental Health Law Review.

"Karen will be greatly missed by her colleagues and all those who knew her. Our deepest condolences go to her family and loved ones, colleagues and friends at this sad time.”

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