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Matthew Nester

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12495/2023
Date15/03/2024
OutcomeStrike off

Allegation / charges

Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionStrike Off
Dishonesty foundYes

Matthew Nester, a newly qualified solicitor at Hugh James, created inaccurate and inflated time records between 4 and 7 January 2022, recording time for quarterly file reviews and other work he had not done or had done in less time. He admitted breaching Principles 2 and 5 but denied dishonesty. The Tribunal rejected his claim that he genuinely believed it permissible to record time for work not yet done, finding his conduct dishonest (Principle 4) and misleading (Paragraph 1.4). The Tribunal found no exceptional circumstances and struck him off the Roll. Costs were agreed at £8,000 but, given his unemployment and debt, No Order as to costs was made under Barnes.

Duties found breached:

Aggravating factors:

  • Proven dishonesty
  • Deliberate, calculated and planned conduct
  • Repeated across a number of files
  • Abuse of the trust placed in him by the Firm to accurately record time

Mitigating factors:

  • Intended at some future point to undertake the work recorded
  • Full cooperation with the Firm's internal investigation
  • Self-reported to the SRA
  • Admissions to breaching Principles 2 and 5 from the outset
  • Misconduct occurred over a short period in a previously unblemished career
  • Some insight and apology offered
  • No direct harm to clients or Firm; entries were non-chargeable

Codes & rules applied

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/12495/