Tribunal finds solicitor falsely told clients grants of probate had been filed and chased over more than a year
A junior solicitor has been struck off after admitting making dishonest and misleading statements to clients and others about applications for grants of probate over more than a year.
The Solicitors Disciplinary Tribunal ordered that Rachel Parker, formerly of Buckles Solicitors LLP, be removed from the roll following an agreed outcome with the Solicitors Regulation Authority.
Ms Parker, who had been practising at Buckles Solicitors LLP, admitted that between 23 September 2022 and 23 November 2023 she made statements to clients, colleagues and third parties which she knew or ought to have known were misleading. These statements related to applications for Grants of Probate (GOPs).
The tribunal found that Ms Parker told clients and others that probate applications had been submitted and that she had chased the Probate Registry, when in fact she had not done so. The misconduct was identified across at least eight separate client matters.
In several cases, clients were informed that applications had been filed and were progressing, despite no application having been made. In other instances, Ms Parker stated that she was actively chasing the Probate Registry when there was no evidence of such contact.
The tribunal concluded that the conduct was deliberate, calculated and repeated over a period exceeding one year. It also found that Ms Parker attempted to conceal her actions by failing to correct the misleading information when questioned.
The misconduct created a significant risk of harm to clients. Delays in obtaining grants of probate can prevent the administration of estates, including the sale of property and access to funds, potentially affecting the value of estates and causing distress to beneficiaries.
Ms Parker admitted that her conduct was dishonest and breached core professional principles, including the duties to act with honesty, integrity and in a way that maintains public trust in the profession.
In its decision, the tribunal stated that dishonesty of this nature represents the most serious level of professional misconduct. It noted that such findings will almost invariably result in a solicitor being struck off, unless exceptional circumstances apply.
The tribunal determined that no exceptional circumstances were present in this case. It therefore concluded that striking Ms Parker off the roll was the only appropriate and proportionate sanction to protect the public and maintain confidence in the legal profession.
Ms Parker was also ordered to pay costs of £5,000, as agreed between the parties.
The matter was dealt with on the papers, with no in-person appearances. The tribunal confirmed that it had considered all evidence and was satisfied that the admissions were properly made.