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, a solicitor at Irwin Mitchell LLP, admitted that across four probate/will dispute matters (Clients A-F) between 2020 and 2021 she knowingly provided false and misleading information to clients, insurers and other solicitors, falsely claiming claims/applications had been issued or served when they had not, and concealing an adverse costs order. She admitted dishonesty (Ivey test), lack of integrity, and breaches of Principles 2, 4 and 5 and paragraphs 1.4 and 7.11 of the Code. The Tribunal approved an agreed outcome, finding the misconduct serious and striking her off the Roll, with costs of £3,500. Despite significant personal mitigation (inadequate supervision, excessive workload, mental health crisis), strike-off was the only appropriate sanction given the dishonesty.
Duties found breached:
- Good faith and courtesy to colleagues
- Honesty
- Integrity
- No conflict between current clients
- Uphold public trust in the profession
Aggravating factors:
- Misconduct motivated by a wish to cover up numerous failures to carry out clients' instructions
- Misconduct was planned and repeated over an extended period
- Breach of position of trust in respect of each affected client
- Direct control of and responsibility for her acts of misconduct
- Clients and insurers misled; clients suffered financial loss including liability for another party's costs
- Deleted emails and failed to save documents to the firm's case management system
Mitigating factors:
- Newly qualified solicitor with inadequate supervision
- Excessive workload and pressure (314% of chargeable target)
- Serious mental health issues and suicidal ideation at the time
- Bullying and reduction in pay during the pandemic while pregnant
- No financial gain or fraudulent motive
- Early admissions and full cooperation with the SRA investigation
- Left the profession and did not intend to return
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