Overworked solicitor with mental health problems struck off

A solicitor who had been suffering from an anxiety disorder was struck off for lying to and misleading personal injury clients about the progress of their compensation claims.

Bethany Reay was a solicitor at JMW Solicitors in Manchester at the time of the incidents between 2013 and 2017, which also included making untrue statements to her opponent in the course of litigation.

She told the Solicitors Disciplinary Tribunal (SDT) that she had been overworked and “felt intimated and threatened by clients who were not prepared to accept that their claims could not proceed”.

Reay, who qualified as a solicitor in 2007, had in some cases not served proceedings within the limitation period even though they had been issued.

In at least one case, the limitation date had been extended and a further application to extend it further was denied.

In a clinical negligence claim, Reay failed to issue proceedings despite being instructed to do so.  

However, she emailed the client’s litigation friend to the effect that the case had been issued in the High Court and appropriately allocated.

She reinforced the lie by saying the defendant had until a certain time to file its defence to the claim. 

This was then followed by four emails to the litigation friend setting out details in relation to the alleged progression of the proceedings

In a separate incident, Reay agreed to discontinue proceedings issued on a client’s behalf without the client’s consent and without her knowledge.

She also told the client, on being asked for an update, that she was awaiting counsel’s advice when counsel had not even been instructed.

Reay acknowledged all the allegations made against her and admitted dishonesty in the way she had conducted herself.

She put forward a number of issues in mitigation though she did not seek to argue these amounted to exception circumstances.

She said, for example, that she was suffering from an anxiety disorder, that her firm was aware she was being treated for mental health problems but gave her little support, she could not cope with her role and she had tried to resign at least once.

Reay has also left the profession and told the SDT she does not intend to practise as a solicitor again.

In its ruling, the SDT said her misleading statements were “made to individuals who would have trusted her to be truthful and accurate” and that they were “serious acts of dishonest committed over an extended period”.

It was therefore fair and proportionate for Reay to be struck off the roll.

She was also ordered to pay costs in the sum of £3,800.

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