Rachael Catherine Worthington
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Failures, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Rachael Catherine Worthington (formerly Williams), a solicitor employed at Irwin Mitchell LLP's Manchester WTED team, admitted that across four client matters (Clients A/B, C/D, E, and F) involving probate and will disputes she knowingly provided false and misleading information to clients, to insurers (Direct Line) and to opposing solicitors (IDR Law). She falsely claimed claims/proceedings had been issued or served when they had not, concealed an adverse costs order from Client C, and denied receiving probate registry correspondence. The Tribunal, dealing with the matter on the papers via an Agreed Outcome, was satisfied the admissions including dishonesty (Ivey test) were properly made. It found her conduct breached Principles 2, 4 and 5 and paragraphs 1.4 and 7.11 of the Code. Given the seriousness, she was struck off the Roll and ordered to pay £3,500 costs.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Misconduct caused clients to suffer financial losses
- Breach of trust placed in her as a solicitor
- Misled client insurers and third parties
- Sought to cover up the errors she had made
- Conduct repeated across four separate client matters over an extended period
- Deleted documents/emails and removed matters from supervision and handover lists
Mitigating factors:
- Early admission of the allegations
- Co-operation with the SRA
- Admitted in correspondence she had lied and that this was unacceptable
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