Solicitor rebuked for telling trainee to backdate deed


Deed: Lawyers sought clients’ consent to backdate

A solicitor who instructed a trainee to backdate a deed has been rebuked by the Solicitors Regulation Authority (SRA) after she admitted to an error of judgement.

Helen Therese Freely said she genuinely believed at the time that it was acceptable to do so, and obtained client consent.

According to an SRA notice, Ms Freely worked at City law firm Druces at the time and was working on a probate where the deceased had died in July 2022. His widow had dementia and the executors, the deceased’s adult children, also represented their mother’s interest under a lasting power of attorney.

In autumn 2024, a trainee working under Ms Freely’s supervision emailed the executors a draft deed and a retainer to be signed. Asked when to date it, Ms Freely said it should be a year after the death “because this is when it should have been done, within the executors’ year of administration”.

She told the trainee to check with the clients that they were content with this, which they confirmed.

Ms Freely admitted that she had damaged public trust. In mitigation, she said her “genuine belief was that it was proper and acceptable” to backdate the deed. In doing so, “she made an error of judgement”.

She obtained her clients’ informed and written consent, and the solicitor stressed that her intention was “not to mislead, disguise, or conceal the true chronology of events, nor to create a false impression as to when the loan arrangement was actually signed or came into effect”.

Ms Freely acknowledged that she should have dated the document as the day of execution in October 2024, “while explaining, either in a recital or covering correspondence that the agreement was intended to take effect as of July 2023 or upon the death of the deceased”.

In deciding a rebuke was appropriate, the SRA noted there was no evidence of dishonesty on the part of the solicitor, and neither she nor her clients stood to benefit from the backdating. No harm was ultimately caused and there was “a very low risk of repetition”.




Blog


Why firms stall in adopting AI and how to unlock real progress

If your firm is hesitating on AI, it’s almost never the technology that’s in the way. What stalls adoption is everything that surrounds the tool.


Home-buying reform must focus on experience, not just technology

Buyers and sellers don’t judge their experience by the number of digital platforms they use or the technology operating behind the scenes.


What would a single regulator mean for firms and practitioners?

The Legal Services Consumer Panel has renewed its call for a single regulator to replace the eight approved regulators currently governing legal services.


Loading animation