probate

Solicitor struck off for misleading probate clients about case progress

A recently qualified solicitor from Irwin Mitchell, who misled multiple contentious probate clients about the progress of their cases, has been struck off the roll, as reported by Legal Futures.

Rachael Catherine Worthington, formerly Williams, admitted her misconduct and stated that she had already left the legal profession due to the pressures she experienced.

Ms. Worthington, born in 1991, qualified as a solicitor in September 2018 and worked in Irwin Mitchell’s wills, trusts, and estates disputes team in Manchester from May 2019 to February 2022. She went on maternity leave in November 2021, shortly before client concerns about her handling of a case prompted an internal review.

The firm’s senior audit officer reviewed 50 of Ms. Worthington’s files, identifying concerns in 15 matters, with eight involving potential conduct issues. Four cases were flagged as having “serious and persisting conduct issues” and formed the basis of the Solicitors Disciplinary Tribunal (SDT) prosecution.

Ms. Worthington admitted to misleading two clients and their legal expenses insurer by falsely claiming that a probate claim had been issued at court and providing progress updates for a case that had not been initiated. She omitted this case from her handover before maternity leave and removed it from her supervision list in June 2020.

In another matter, she misled two clients and opposing solicitors, resulting in an adverse costs order against her clients. In a third case, she falsely informed a client that a probate application had been submitted on time, which was untrue.

In a fourth instance, she misrepresented to a client that proceedings over the validity of a will had been issued and continued to provide false updates.

The SDT determined that Ms. Worthington’s actions breached the trust placed in her as a solicitor and caused financial losses to clients. The tribunal noted that she had misled both clients and insurers and attempted to cover up her errors.

Irwin Mitchell offered compensation to affected clients and ceased representation in two cases due to conflicts of interest.

Ms. Worthington was ordered to pay £3,500 in costs.

The tribunal concluded that striking her off was necessary to maintain public trust in the legal profession and the proper administration of justice.

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