Ban for veteran solicitor who blamed WFH for communication failure

A senior solicitor who blamed working from home during Covid for her failure to tell a client their claim had been struck out for over two years has been struck off.

Lesley Wilkinson, 58, held the file of a Mrs LB, whose claim arising from a car accident was struck out in March 2017 with an order for costs.

Unaware of this, the client contacted Wilkinson in July 2018 for an update. All phone calls were recorded by Wilkinson’s firm, Burnley-based Smith Jones (Solicitors) Ltd. Wilkinson replied: 'Nothing moving at the moment I have not looked at it for a while but I will chase it up for you alright…I will get back to you tomorrow.'

In August 2018, the client told Wilkinson that sheriff officers had handed her a letter asking her to pay over £8,000 to Aviva Insurance relating to legal costs. The client asked whether Wilkinson had looked at the case. 'I have been away on holiday sorry so I only got back yesterday so if you can email to me what you have got so that I can have a look at it and see what it is,' Wilkinson replied.

In August 2018 Wilkinson said she would speak to the sheriff, later claiming to have written to the bailiffs and be awaiting a response. The client informed Wilkinson 'this is making me ill', the tribunal heard. 

In July 2020, LB called Wilkinson again. Wilkinson replied that she was working from home as the office was closed due to Covid, and therefore could not discuss the matter without access to the file. A short time later she told LB she was back in the office, but added the case 'hasn’t been concluded at the court' and said she would chase it up.

The Solicitors Disciplinary Tribunal ruled that Wilkinson had knowingly misled her client for a sustained period and her conduct was aggravated by her proven and admitted dishonesty. 'Instead of being open and frank with Mrs LB, the respondent continued a facade of being unaware of what had occurred,' it added.

Wilkinson told investigators that 2017 was an 'extremely difficult time' in both her personal and professional life. 'At work I was running a large litigation caseload of mainly gastric illness cases which were being hard fought to trial,' she said. 'An application was made to strike out the case and despite counsel being instructed to oppose, the court agreed and dismissed the claim. A harsh decision in my opinion. An appeal was lodged. I was confident that the appeal would succeed. I accept I did not inform my clients as I ought to have done but tried to right the wrong.’

The strike-out decision was never appealed, however. Wilkinson, admitted in 1990, had failed to provide her clients with proper information on more than one occasion, the SDT noted.

Wilkinson was struck off and ordered to pay £5,000 costs.